Transportation, the Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, the Executive Office of the President, and Independent Agencies (TTHUD): FY2007 Appropriations

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Transportation, the Treasury, Housing and

Urban Development, the Judiciary, the District

of Columbia, the Executive Office of the

President, and Independent Agencies

(TTHUD): FY2007 Appropriations

(name redacted), Coordinator

Analyst in Transportation Policy

(name redacted), Coordinator

Specialist in Transportation Policy

June 4, 2007

Congressional Research Service

7-....

www.crs.gov

RL33551

CRS Report for Congress

Prepared for Members and Committees of Congress

TTHUD: FY2007 Appropriations

Summary

The Bush Administration requested $138.5 billion (after scorekeeping adjustments) for these

agencies for FY2007, an increase of $2.3 billion over the $136.2 billion Congress provided in the

agencies’ FY2006 appropriations act (this FY2006 figure reflects a 1.0% across-the-board

rescission that was included in the FY2006 Department of Defense Appropriations Act, P.L. 109148). The total FY2006 funding (after scorekeeping adjustments) for the agencies in this bill was

$146.3 billion, due to emergency supplemental funding provided to deal with the effects of the

Gulf Coast hurricanes of 2005.

In the appropriations process during the 109th Congress, the House-passed version of H.R. 5576,

the FY2007 Departments of Transportation, Treasury, and Housing and Urban Development, the

Judiciary, District of Columbia, and Independent Agencies appropriations bill provided a net total

of $139.6 billion for FY2007, $3.4 billion (2%) over the amount provided in the FY2006 act and

$1.1 billion (less than 1%) over the Administration’s request (after scorekeeping adjustments).

The Senate Committee on Appropriations reported out H.R. 5576 on July 26, 2006,

recommending a net total of $141.2 billion, $3.6 billion (3%) over the amount provided in the

FY2006 Act and $2.6 billion (2%) over the Administration request. Both the House-passed and

Senate-reported bills provided significant increases over the requested levels of funding for

aviation programs and Amtrak, for a number of programs under the Department of Housing and

Urban Development, and for the Executive Office of the President. H.R. 5576 expired with the

close of the 109th Congress.

The Senate did not consider H.R. 5576, and Congress did not enact a regular FY2007 TTHUD

appropriations bill (nor most other FY2007 appropriations bills). Instead, FY2007 funds were

provided in a series of continuing resolutions (P.L. 109-289, P.L. 109-369, and P.L. 109-383),

which funded agencies at the lower of the House- or Senate-passed levels or their FY2006 levels

(since the Senate had not passed an FY2007 TTHUD appropriations bill, TTHUD agencies were

funded at the lower of the House-passed or FY2006 levels). On February 15, 2007, President

Bush signed the Revised Continuing Appropriations Resolution for FY2007 (P.L. 110-5), which

provided funding for most federal agencies for the remainder of FY2007. The law provided

agencies with funding for FY2007 essentially at their FY2006 levels, except where otherwise

statedi. Both DOT and HUD received increases over their regular FY2006 levels (excluding

FY2006 supplemental funding). FY2007 funding levels for programs, projects, and activities

were not specified in P.L. 110-5. This report will not be updated.

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TTHUD: FY2007 Appropriations

Contents

Most Recent Developments.........................................................................................................1

Overview ....................................................................................................................................2

Different Appropriations Subcommittee Structures ..........................................................3

Title I: Transportation Appropriations..........................................................................................6

Department of Transportation Budget and Key Policy Issues .................................................7

Amtrak ...........................................................................................................................8

Aviation ..........................................................................................................................9

Surface Transportation .................................................................................................. 11

Maritime Administration (MARAD) ............................................................................. 11

Title II: Department of the Treasury .......................................................................................... 12

Treasury Offices and Bureaus (Excluding the Internal Revenue Service) ....................... 14

Internal Revenue Service (IRS) ..................................................................................... 14

Title III: Department of Housing and Urban Development......................................................... 16

Department of Housing and Urban Development Budget and Key Policy Issues.................. 18

Community Development Fund and related programs ................................................... 19

Housing Programs for the Elderly and the Disabled....................................................... 20

Public Housing/HOPE VI.............................................................................................. 20

Title IV: The Judiciary............................................................................................................... 21

The Judiciary Budget and Key Policy Issues ....................................................................... 21

FY2007 Request and Appropriation .............................................................................. 23

House Action ................................................................................................................ 24

Senate Action................................................................................................................ 24

Supreme Court.............................................................................................................. 25

U.S. Court of Appeals for the Federal Circuit ................................................................ 25

U.S. Court of International Trade .................................................................................. 26

Courts of Appeals, District Courts, and Other Judicial Services ..................................... 26

Administrative Office of the U.S. Courts (AOUSC) ...................................................... 28

Federal Judicial Center.................................................................................................. 28

United States Sentencing Commission........................................................................... 28

Judiciary Retirement Funds ........................................................................................... 28

Administrative Provisions ............................................................................................. 29

Titles V (Senate) and VI (House): Executive Office of the President and Funds

Appropriated to the President ................................................................................................. 30

Executive Office of the President Budget and Key Policy Issues ......................................... 31

Title VII: Independent Agencies ................................................................................................ 38

Federal Election Commission (FEC) ............................................................................. 40

Federal Labor Relations Authority (FLRA) ................................................................... 40

General Services Administration (GSA) ........................................................................ 40

Federal Buildings Fund (FBF)....................................................................................... 41

Electronic Government Fund (E-gov Fund) ................................................................... 42

Merit Systems Protection Board (MSPB) ...................................................................... 43

National Archives and Records Administration (NARA) ............................................... 43

Office of Personnel Management (OPM)....................................................................... 44

Office of Special Counsel (OSC)................................................................................... 45

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TTHUD: FY2007 Appropriations

Postal Service ............................................................................................................... 46

Titles VIII (Senate) and IX (House): General Provisions Government-Wide .............................. 47

Cuba Sanctions ................................................................................................................... 49

Tables

Table 1. Status of FY2007 Departments of Transportation, the Treasury, and Housing and

Urban Development, the Judiciary, the District of Columbia, the Executive Office of

the President, and Independent Agencies Appropriations ..........................................................4

Table 2. Transportation/Treasury et al. Appropriations, by Title, FY2006-FY2007 .......................4

Table 3. Funding Trends for Transportation/Treasury et al. Appropriations, FY2002FY2007....................................................................................................................................5

Table 4. Title I: Department of Transportation Appropriations, FY2006 to FY2007......................6

Table 5. Title II: Department of the Treasury Appropriations, FY2006 and FY2007 ................... 12

Table 6. Title III: Housing and Urban Development Appropriations, FY2006 to FY2007 ........... 16

Table 7. Title IV: The Judiciary Appropriations, FY2006 to FY2007.......................................... 21

Table 8. Titles V and VI: Executive Office of the President (EOP) and Funds

Appropriated to the President Appropriations, FY2006 to FY2007 ......................................... 30

Table 9. Senate Committee on Appropriations Funding Recommendations for Federal

Drug Control Programs in the Executive Office of the President, FY2007 .............................. 37

Table 10. Title VII: Independent Agencies Appropriations, FY2006 to FY2007 ......................... 38

Table 11. General Services Administration Appropriations, FY2006 to FY2007......................... 41

Contacts

Author Contact Information ...................................................................................................... 51

Key Policy Staff........................................................................................................................ 52

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TTHUD: FY2007 Appropriations

Most Recent Developments

On February 14, 2007, Congress passed H.J.Res. 20, the Revised Continuing Appropriations

Resolution for FY2007, the fourth in a series of continuing resolutions; it was signed into law on

February 15, 2007 (P.L. 110-5). P.L. 110-5 provided funding for the remainder of FY2007 for

most federal agencies, including the Departments of Transportation, the Treasury, and Housing

and Urban Development, and the Judiciary, the District of Columbia, the Executive Office of the

President, and Independent Agencies. P.L. 110-5 provided funding generally at the level provided

to agencies in FY2006, except where otherwise stated.

On July 26, 2006, the Senate Committee on Appropriations reported out H.R. 5576, the FY2007

Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary,

District of Columbia, and Independent Agencies Appropriations bill. The Committee

recommended an overall net funding level of $141.2 billion (after budgetary scorekeeping

adjustments), an increase of $3.6 billion (3%) over the amount in the FY2006 Act, $3.3 billion

(2%) over the Administration request, and $2.5 billion (2%) over the House-passed amount.1 The

Committee also recommended performance requirements for Amtrak, a 2.7% pay raise for federal

civilian workers for calendar year 2007, an easing of restrictions on agricultural exports to Cuba,

and a prohibition on easing restrictions on foreign control of U.S. airlines.

On June 14, 2006, the House of Representatives passed H.R. 5576. The House approved an

overall funding level of $139.6 billion (after budgetary scorekeeping adjustments), a $2 billion

(1%) increase over the amount in the FY2006 Act2 and a $1 billion (less than 1%) increase over

the Administration’s request. The House approved the Appropriations Committee’s

recommendations to provide the same pay raise (2.7%) to federal civilian workers as that

provided for uniformed military personnel for calendar year 2007, to impose performance

requirements on Amtrak, to prohibit the Internal Revenue Service from using private collection

agencies to collect taxes, and to restrict the outsourcing of federal work. The House approved

several amendments to the bill, including ones increasing funding for Amtrak and for selected

programs in the Department of Housing and Urban Development, and to ease restrictions on U.S.

agricultural exports to Cuba (the Administration threatened to veto the bill if it contained

provisions weakening sanctions on Cuba3).

1

These comparisons are based on a Senate figure of $141.8 billion, which includes the Senate-reported level for

appropriations for the District of Columbia ($597 million). The House-passed version of H.R. 5576 includes

appropriations for the District of Columbia, but the Senate Committee on Appropriations reported out the District of

Columbia’s appropriation in S. 3660.

2

FY2006 funding for some agencies funded in this act, notably the Departments of Transportation, and Housing and

Urban Development, was increased in supplemental appropriations acts to deal with the effects of the hurricanes that

struck Florida and the Gulf Coast in 2005. Total enacted FY2006 funding, including supplemental funding, after

scorekeeping adjustments, was $151.0 billion.

3

U.S. Executive Office of the President, Office of Management and Budget, Statement of Administration Policy, H.R.

5576—Transportation, Treasury, Housing, the Judiciary, and the District of Columbia Appropriations Bill, FY2007,

June 14, 2006, p. 6.

Congressional Research Service

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TTHUD: FY2007 Appropriations

Overview

The President’s FY2007 request for the programs covered by this appropriations bill was $138.5

billion. This was $2.3 billion (2%) over the total in the FY2006 Act (after a 1.0% across-theboard rescission applied to the FY2006 funding). The FY2007 request included cuts from the

FY2006 funding level for grants to airports (-$764 million), Amtrak (-$394 million), and housing

programs for elderly and disabled in the Department of Housing and Urban Development (-$307

million). The FY2007 request for the Executive Office of the President was $225 million less

than the FY2006 figure; that reduction was primarily due to the proposed transfer of the High

Intensity Drug Trafficking Areas Program ($225 million in FY2006) from the Executive Office of

the President to the Department of Justice.

The President’s FY2007 budget request proposals included:

•

funding Amtrak, the provider of intercity passenger rail service, at $900 million,

down from $1.3 billion in FY2006;

•

reducing funding for the Federal Aviation Administration’s (FAA) Airport

Improvement Program (AIP) to $2.8 billion, $700 million below its ‘guaranteed’

authorization level, which would make the entire appropriations bill subject to a

point of order. The proposed level was also below the AIP formula threshold of

$3.2 billion, which could result in a halving of most AIP formula distributions;

•

reducing funding for community and economic development programs under the

Department of Housing and Urban Development (HUD) to $6.8 billion, $815

million below the amount provided in the FY2006 Act;

•

reducing funding for housing for elderly and disabled persons under HUD by

$307 million (32%), from $971 million for FY2006 to $664 million for FY2007;

•

eliminating the annual $29 million payment to the United States Postal Service

for revenue forgone, as well as the absence of any funding requested for Postal

Service security measures.

The House did not support most of these proposed changes. The House-passed version of H.R.

5576, the FY2007 Departments of Transportation, Treasury, and Housing and Urban

Development, The Judiciary, District of Columbia, and Independent Agencies Appropriations bill,

provided $139.6 billion, $1.1 billion (less than 1%) over the Administration’s request. The bill

generally reflected recommendations of the House Committee on Appropriations; the House did

approve amendments increasing Amtrak’s FY2007 funding from $900 million to $1.1 billion, and

approved amendments increasing funding for several programs within the Department of Housing

and Urban Development. The White House objected to several provisions in the bill, and issued a

veto threat against the bill if it included any provision easing sanctions on Cuba.4

H.R. 5576, as reported out by the Senate Committee on Appropriations, also did not support most

of the changes proposed by the Administration. The committee recommended $141.2 billion (plus

$597 million for the District of Columbia in a separate bill), a total of $3.3 billion (2%) over the

4

U.S. Executive Office of the President, Office of Management and Budget, Statement of Administration Policy, H.R.

5576—Transportation, Treasury, Housing, the Judiciary, and the District of Columbia Appropriations Bill, FY2007,

June 14, 2006.

Congressional Research Service

2

TTHUD: FY2007 Appropriations

Administration request. The committee recommended increases over the Administration request

for aviation, Amtrak, housing, the Internal Revenue Service, and drug control programs in the

Executive Office of the President. Among the provisions recommended by the committee was one

easing restrictions on agricultural trade with Cuba, similar to the provision that had drawn a veto

threat against the House-passed bill.

H.R. 5576 did not come to the Senate floor. A series of continuing resolutions kept most federal

agencies operating early in FY2007, culminating in passage of the Revised Continuing

Appropriations Resolution for 2007 (H.J.Res. 20/P.L. 110-5), which was passed by Congress on

February 14 and signed into law on February 15, 2007. This legislation provided funding for most

federal agencies for the remainder for FY2007, generally at the level provided to agencies in

FY2006, except where otherwise stated in the legislation. Among the agencies that received

increases over their FY2006 levels were DOT and HUD. The legislation also provides that the

“requirements, authorities, conditions, limitations, and other provisions” of the FY2006

appropriations acts would apply to the funding provided for FY2007, except where otherwise

stated in the bill.

Different Appropriations Subcommittee Structures

In early 2005, the House and Senate Committees on Appropriations reorganized their

subcommittee structures. The House Committee on Appropriations reduced its number of

subcommittees to ten. This change combined the Transportation, Treasury, and Independent

Agencies subcommittee with the District of Columbia subcommittee; to the resulting

subcommittee, in addition, jurisdiction over appropriations for the Department of Housing and

Urban Development and the Judiciary as well as several additional independent agencies was

added.

The Senate Committee on Appropriations reduced its number of subcommittees to 12. The Senate

also added jurisdiction over appropriations for the Departments of Housing and Urban

Development, and the Judiciary, to the Transportation, Treasury, and Independent Agencies

subcommittee; the Senate retained a separate District of Columbia Appropriations subcommittee.

As a result, the area of coverage of the House and Senate subcommittees with jurisdiction over

this appropriations bill are almost, but not quite, identical; the major difference being that in the

Senate the appropriations for the District of Columbia originate in a separate bill.

Table 1 notes the status of the FY2007 Transportation et al. appropriations bill.

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Table 1. Status of FY2007 Departments of Transportation, the Treasury, and Housing

and Urban Development, the Judiciary, the District of Columbia, the Executive

Office of the President, and Independent Agencies Appropriations

Subcommittee

Markup

House

Senate

5/25/06

7/18/06

—

House

Report

—

House

Passage

H.Rept.

109-495

6/9/06

6/14/06

406-22

—

H.J.Res. 20

286-140

1/31/07

Senate

Report

Senate

Passage

Conference

Report

Approval

Conf.

Report

House

Senate

Public

Law

S.Rept.

109-293

7/26/06

—

—

—

—

—

—

H.J.Res.

20

81-15

2/14/07

—

—

—

P.L.

110-5

2/15/07

Table 2 lists the total funding provided for each of the titles in the bill (the last two titles cover

general provisions affecting this bill and general provisions affecting the entire federal

government) for FY2006 and the amount requested for that title for FY2007.

Table 2.Transportation/Treasury et al. Appropriations, by Title, FY2006-FY2007

(millions of dollars)

FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

FY2007

Senate

Reported

FY2007

Enacted

Title I: Department of Transportation

$60,677

$64,432

$64,720

$65,028

$63,143

Title II: Department of the Treasury

11,552

11,606

11,522

11,706

11,624

Title III: Housing and Urban Development

33,594

34,118

35,309

36,588

36,626

Title IV: The Judiciary

5,720

6,260

6,063

6,098

5,980

Title V: District of Columbia

597

597

575

597

591

Title VI: Executive Office of the President

728

503

723

730

720

19,936

20,999

20,708

21,062

b

—

—

—

—

—

$137,623

$138,516

$139,620

$141,808

c

Title

Title VII: Independent Agencies

Title VIII-VIIII: General Provisions

Total

Source: Budget tables in H.Rept. 109-307 and 109-495 and S.Rept. 109-293; “FY2007 Enacted” is from budget

tables provided by the House Committee on Appropriations. No single table showing the enacted FY2007

figures for all these agencies is available, and so the “Total,” from the “Total budgetary resources” line in various

budget tables, was calculated by CRS. The Senate-reported bill did not include the District of Columbia

appropriation; that figure was added to the Senate total by CRS for comparative purposes. Totals may not add

due to rounding and scorekeeping adjustments.

a.

The FY2006 figures represent the amounts enacted by the FY2006 Transportation/Treasury et al.

appropriations act (P.L. 109-115). The Defense appropriations act (P.L. 109-148) contained an across-theboard rescission of non-emergency spending of 1.0%, and DOT and HUD received emergency supplemental

funding for FY2006 to deal with the effects of several hurricanes; those changes are not reflected in these

figures.

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b.

No single table available from the House Appropriations Committee shows the enacted FY2007 total for

the Independent Agencies under the jurisdiction of the former TTHUD appropriations subcommittee.

c.

No single table available from the House Appropriations Committee shows the enacted FY2007 total for

the agencies under the jurisdiction of the former TTHUD appropriations subcommittee.

Table 3 shows funding trends over the five-year period FY2002-FY2006, and the amounts

requested for FY2007, for the titles in the bill. The agencies generally experienced funding

increases during the period FY2002-FY2006.

Table 3. Funding Trends for Transportation/Treasury et al. Appropriations,

FY2002-FY2007

(billions of current dollars)

Department

FY2002

FY2003a

FY2004b

FY2005c

FY2006d

FY2007

Request

Title I: Transportatione

$57.4

$55.7

$58.4

$59.6

$60.7

$64.4

Title II: Treasuryf

10.5

10.8

11.1

11.2

11.7

11.6

Title III: Housing and Urban

Development

30.2

31.0

31.2

31.9

34.0

34.1

Title IV: Judiciary

4.7

5.4

5.2

5.4

5.8

6.3

Title V: District of Columbia

0.4

0.5

0.5

0.6

0.6

0.6

Title VI: Executive Office of the

President

0.8

0.8

0.8

0.8

0.7

0.5

Title VII: Independent Agencies

—

—

—

19.8

19.9

21.0

Source: United States House of Representatives, Committee on Appropriations, Comparative Statement of

Budget Authority tables from fiscal years 2001 through 2007. Figures for 2006 do not reflect emergency

appropriations. Figures for 2007 are the Administration requested figures from table in H.Rept. 109-485.

a.

FY2003 figures reflect a 0.65% across-the-board rescission.

b.

FY2004 figures reflect a 0.59% across-the-board rescission.

c.

FY2005 figures reflect a 0.83% across-the-board rescission.

d.

FY2006 figures are as enacted in the FY2006 appropriations act (P.L. 109-115) and do not reflect a 1.0%

across-the-board rescission or emergency supplemental funding provided for DOT and HUD. DOT and

HUD received emergency funding for response to the effects of the Gulf Coast hurricanes; DOT’s total

FY2006 funding, including emergency funding, was $63.0 billion; HUD’s total FY2006 funding, including

emergency funding, was $45.5 billion.

e.

Figures for Department of Transportation appropriations for FY2002-FY2003 have been adjusted for

comparison with FY2004 and later figures by subtracting the United States Coast Guard, the Transportation

Security Administration, the National Transportation Safety Board, and the Architectural and

Transportation Barriers Compliance Board, and by adding the Maritime Administration.

f.

Figures for Department of the Treasury appropriations for FY2002-FY2003 have been adjusted for

comparison with FY2004 and later figures by subtracting the Bureau of Alcohol, Tobacco, and Firearms; the

Customs Service; the United States Secret Service; and the Law Enforcement Training Center.

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Title I: Transportation Appropriations

Table 4.Title I: Department of Transportation Appropriations, FY2006 to FY2007

(in millions of dollars—totals may not add)

FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

FY2007

Senate

Reported

FY2007

Enacted

$237

$174

$151

$242

$171

109

—

117

117

109

Federal Aviation Administration (FAA)

13,711

12,774

15,154

14,251

14,482

Operations (trust fund & general fund)

8,104

8,366

8,360

8,366

8,374

Facilities & Equipment (F&E) (trust fund)

2,555

2,503

3,110

2,550

2,516

Grant-in-aid for Airports (AIP) (trust fund)

(limit. on oblig.)

3,515

2,750

3,700

3,520

3,514

Research, Engineering & Development (trust

fund)

137

130

134

136

130

33,392

39,825

37,661c

38,324

36,252

35,672

39,086

39,086

39,086

39,086

739

739

739

739

739

Additional funds (trust fund)

2,750

—

—

—

—

Additional funds (general fund)

19

—

—

40

20

Federal Motor Carrier Safety Administration

(FMCSA)

490

517

517

517

517

National Highway Traffic Safety

Administration (NHTSA)

806

815

822

807

821

1,511

1,085

1,085

1,585

1,478

1,294

900

900d

1,400

1,294

8,504

8,846

8,932

8,846

8,975

General Funds

1,594

1,583

1,670

1,583

1,712

Trust Funds

6,910

7,263

7,263

7,263

7,263

St. Lawrence Seaway Development

Corporation

16

8

17

17

16

Maritime Administration (MARAD)

306

223

224

270

214

Pipeline and Hazardous Materials Safety

Administration

115

121

121

121

134

Pipeline safety program

72

76

76

76

75

Emergency preparedness grants

14

28

28

28

14

Research and Innovative Technology

Administration

6

8

6

8

8

Department or Agency

(Selected Accounts)

Office of the Secretary of Transportation

Essential Air Serviceb

Federal Highway Administration (FHWA)

(Limitation on Obligations)

(Exempt Obligations)

Federal Railroad Administration (FRA)

Amtrak

Federal Transit Administration (FTA)

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FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

FY2007

Senate

Reported

FY2007

Enacted

Office of Inspector General

62

64

64

64

64

Surface Transportation Board

25

22

24

25

26

$62,316

$64,432

$64,720

$65,028

$63,143

Department or Agency

(Selected Accounts)

Total, Department of Transportation

Note: Figures are from the budget authority table in H.Rept. 109-495, except “FY2007 Enacted” figures are

from a budget authority table provided by the House Committee on Appropriations. FY2007 figures do not

reflect floor amendments increasing or decreasing funding for different programs. Because of differing treatment

of offsets, the figures for “FY2007 Request” will not always match the Administration’s budget figures. The

figures within this table may differ slightly from those in the text due to supplemental appropriations, rescissions,

and other funding actions. Columns may not add due to rounding or exclusion of smaller program line-items.

a.

These figures reflect the 1.0% across-the-board rescission included in P.L. 108-447.

b.

The total comes from a $50 million annual authorization for the Essential Air Service program to be funded

out of overflight fee collections and an additional amount appropriated for the program.

c.

The budget table in H.Rept. 109-495 gives a net total of $34. 411 billion for FHWA for FY2007in the bill,

but appears to double-count a $2.2 billion rescission of contract authority. The FHWA net total figure in

the text of the bill is $37.661billion (p. 29).

d.

Amtrak’s appropriation was increased to $1.2 billion by a floor amendment.

Department of Transportation Budget and Key Policy Issues

The President’s budget proposed $64.4 billion for the Department of Transportation (DOT). This

was $2.1 billion (3%) more than the $62.3 billion enacted for FY2006, including emergency

spending, and $4.3 billion (7%) more than the amount provided in the FY2006 appropriations act

(after then 1% rescission). The major funding changes requested from the FY2006 enacted levels

were an increase of $3.5 billion (10%) in the obligation limitation for highways, reflecting the

authorized level in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy

for Users (SAFETEA-LU) (P.L. 109-59) as well as an increase due to higher-than-projected

Highway Trust Fund revenues; a decrease of $394 million (30%) in the request for Amtrak; and a

decrease of $765 million (22%) in the Federal Aviation Administration’s Airport Improvement

Program.

The Administration’s budget for DOT identified three agency-specific goals influencing the

budget request: improving aviation and surface transportation safety through increased funding

for safety programs, improving transportation mobility through investments in additional

infrastructure and through investments in technology to increase the effective capacity of the

transportation systems, and restraining spending and managing for results by, among other

initiatives, restructuring federal intercity passenger rail policy and its provider, Amtrak, and

eliminating the Railroad Rehabilitation and Improvement Financing Program.5

The House Committee on Appropriations recommended $64.7 billion for DOT, $287 million (less

than 1%) more than the Administration request and $2.4 billion (4%) above total FY2006

funding. The primary changes from the President’s request were additional funding for the

Federal Aviation Administration ($1.5 billion), bringing the Airport Improvement Program and

5

Office of Management and Budget, Budget for Fiscal Year 2007, pp. 216-224.

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Facilities and Equipment Program up to their FY2007 authorized funding levels. The committee

also recommended an increase of $100 million (7%) for the Federal Transit Administration’s

Capital Grants (New Starts) Program. The House supported the committee’s recommendations

regarding transportation funding, except that the House voted to add another $214 million (24%)

for Amtrak (discussed below) and $6.7 million for the National Highway Traffic Safety

Administration’s Operations and Research Program, for the Office of Fuel Economy to study how

best to promote an increase in the corporate average fuel economy (CAFÉ) by the auto industry.

The Senate Committee on Appropriations recommended $65.0 billion for DOT. Compared to the

Administration request, the committee recommended increased funding for airport grants-in-aid,

for the Essential Air Services program, and for Amtrak; compared to the House bill, the

committee recommended increased funding for Amtrak and for DOT’s new headquarters building

but less funding for FAA’s facilities and equipment account and FTA’s New Starts program.

P.L. 110-5, the FY2007 Continuing Resolution, provided $63.1 billion in net budgetary resources

for DOT ($67.4 billion in appropriations, reduced by $4.2 billion in rescissions of contract

authority). This represented an increase of $3.7 billion (6%) over FY2006 appropriations,

excluding rescissions of contract authority in both years and $2.8 billion in emergency

appropriations in FY2006. The increases went largely to the federal-aid highway program and the

federal transit program, reflecting their FY2007 authorized funding levels.

Amtrak

Amtrak is a quasi-governmental corporation that operates and maintains rail infrastructure in the

Northeast and operates passenger rail service throughout the country. It operates at a deficit and

requires federal support to continue operations. Amtrak’s authorization expired at the end of

FY2002. Reauthorization efforts have been stalled by fundamental disagreements between

Congress and the Administration over the future shape of federal intercity passenger rail policy.

The Administration, which has appointed all the current members of the Amtrak Board of

Directors, has sought to force changes in intercity passenger rail policy over the past several years

by requesting less funding for Amtrak than is needed to maintain the status quo, arguing that

“only a constrained budget will force Amtrak to change the way it conducts business.”6 Congress

has responded by providing more funding for Amtrak than requested by the Administration, while

imposing conditions on Amtrak in the appropriations bills.

The Administration requested $900 million for Amtrak for FY2007. The Administration’s

proposal received bipartisan criticism in both the House and the Senate. The Administration has

asserted in the past that it would support increased funding for intercity passenger rail if

significant reforms are enacted. Some Members of Congress have questioned where that

additional money would come from, given the competing demands from other transportation

modes and from other agencies in the appropriations bill that funds DOT.

The House Committee on Appropriations recommended $900 million for grants to Amtrak for

FY2007. The committee also recommended a number of requirements for Amtrak, including that

Amtrak be required to submit a comprehensive business plan and a detailed plan for improving its

managerial cost accounting system; to cut system overhead expenses by 10% annually; and to

6

Office of Management and Budget, Budget for Fiscal Year 2007, p. 222.

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TTHUD: FY2007 Appropriations

achieve savings through operating efficiencies in its food and beverage service, and first class

service, resulting in these services breaking even by the end of FY2007.

In its consideration of H.R. 5576, the House approved (266-158) an amendment to increase

Amtrak’s FY2007 appropriation by $214 million, from $900 million to $1.114 billion. This was

$180 million less than the $1.294 billion Amtrak received in FY2006 (after the 1.0% across-theboard rescission), and significantly less than the $1.4 billion the DOT IG testified Amtrak needed

in FY2007.7 The funding was divided into two parts: $629 million for capital grants and debt

service, and $485 million for efficiency incentive grants. None of the funding would go directly

to Amtrak; Amtrak would apply to the Secretary of DOT to receive grants.

The Senate Committee on Appropriations recommended $1.4 billion for Amtrak. As with the

House, this funding was divided between capital grants and debt service ($750 million) and

efficiency incentive grants for operating costs; in both cases, Amtrak would apply to the Secretary

of DOT to receive funding. The committee asserted that this arrangement would provide

increased oversight of Amtrak. The committee also recommended several requirements for

Amtrak similar to the provisions in the House bill, such as requiring Amtrak to reduce the cost

deficits on its first-class service and food and beverage service. The committee also included a

provision forbidding Amtrak from outsourcing work to foreign countries, and one creating a pilot

program to see if a state can operate passenger rail service at lower cost than Amtrak does now.

The FY2007 Continuing Resolution (P.L. 110-5) provided $1.3 billion for Amtrak, the same

amount provided in FY2006. The text of P.L. 110-5 provided that the requirements and

limitations imposed on Amtrak in its FY2006 appropriations legislation would continue to apply

throughout FY2007.

Aviation

The Federal Aviation Administration’s (FAA) budget provides both capital and operating funding

for the nation’s air traffic control system, as well as providing federal grants to airports for airport

planning, development, and expansion of the capacity of the nation’s air traffic infrastructure. The

President’s budget requested $12.8 billion in net funding for FY2007, $937 million less than was

enacted for FY2006. The President’s request included $18 million to hire 1,136 air traffic

controllers in FY2007. This was expected to result in a net gain of around 132 controllers after

retirements expected in FY2007.

The House Committee recommended $15.2 billion for FY2007, $1.4 billion over the level

enacted for FY2006 and $2.4 billion over the Administration request. The increases brought the

FAA’s capital programs up to their FY2007 authorized funding levels. The House supported this

recommendation.

The House also adopted, 291-137, an amendment restricting foreign control over the business

decisions of U.S. airlines. The DOT had proposed a rule whose stated purpose was to promote

7

Mark R. Dayton, Senior Economist, Office of the Inspector General, United States Department of Transportation,

“Intercity Passenger Rail and Amtrak,” Testimony before the Subcommittee on Transportation, Treasury, the Judiciary,

Housing and Urban Development, and Related Agencies Committee on Appropriations, United States Senate, March

16, 2006, p. 1.

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TTHUD: FY2007 Appropriations

foreign investment in U.S. airlines. 8 In response to concerns raised about the implications of this

proposed rule for national security, the House adopted an amendment prohibiting the use of any

funds provided in the FY2007 appropriations bill to finalize or implement the proposed rule. The

Senate Committee on Appropriations also recommended a similar provision. The DOT

subsequently withdrew the proposed amendment to the rule that would have increased the

allowed degree of foreign ownership of U.S. airlines. 9

The Senate Committee on Appropriations recommended $14.2 billion for FY2007. The

committee recommended more funding that the Administration requested, but less funding than

the House provided; significant differences compared with the House levels were for the

Facilities and Equipment account ($2.55 billion to the House’s $3.11 billion) and the Airport

Improvement Program ($3.52 billion to the House’s $3.7 billion).

The FY2007 Continuing Resolution (P.L. 110-5) provided $14.5 billion in net funding for the

Federal Aviation Administration for FY2007. This was $1.7 billion (13%) more than the

Administration requested and $770 million (6%) more than enacted for FY2006.

Airport Improvement Program

The President’s budget proposed a cut to the Airport Improvement Program (AIP), from $3.5

billion in FY2006 to $2.8 billion for FY2007. The House provided $3.7 billion, the FY2007

authorized level; the Senate Committee on Appropriations recommended $3.5 billion. As a result

of P.L. 110-5, the AIP received $3.5 billion, the same amount as in FY2006.

AIP funds are used to provide grants for airport planning and development, and for projects to

increase airport capacity (such as building new runways) and other facility improvements. Some

Members of Congress have expressed concern at proposed cuts in the AIP program in the face of

forecasts of renewed growth in aviation traffic.

Essential Air Service

The President’s budget proposed a $59 million (54%) reduction in funding for the Essential Air

Service program, from $109 million (FY2006) to $50 million. The House Committee on

Appropriations recommended $117 million. The House-passed bill provided $117 million. The

Senate Committee on Appropriations also recommended $117 million. As a result of P.L. 110-5,

the program received $109 million, the same amount as in FY2006.

This program seeks to preserve air service to small airports in rural communities by subsidizing

the cost of that service. Supporters of the Essential Air Service program contend that preserving

airline service to rural communities was part of the deal Congress made in exchange for

deregulating airline service in 1978, which was expected to reduce air service to rural areas.

Some Members of Congress expressed concern that the proposed cut in funding for the Essential

Air Service program could lead to a reduction in the transportation connections of rural

8

Notice of proposed rulemaking published in the Federal Register on November 7, 2005 (70 Fed. Reg. 67389);

supplemental notice of proposed rulemaking published in the Federal Register on May 5, 2006 (71 Fed. Reg. 26425).

For more information, see CRS Report RL33255, Legal Developments in International Civil Aviation, by (name re

dacted).

9

Federal Register, vol. 71, no. 236 (December 8, 2006), 71106-71109.

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communities. Previous budget requests from the Current Administration, as well as budget

requests from previous Administrations, have also proposed reducing funding to this program.

Surface Transportation

The President’s budget requested $39.8 billion for federal highway programs for FY2007, an

increase of $3.5 billion (10%) over the comparable level of $36.3 billion provided in FY2006.10

The budget also requested $8.8 billion for federal transit programs for FY2007, an increase of

$342 million (4%) over the $8.5 billion provided in FY2006. These increases reflected the

authorized level of funding provided (and “guaranteed”) for surface transportation programs by

SAFETEA (P.L. 109-59), except that the request was $100 million less than the authorized level

for transit. The authorized level of FY2007 highway funding included an increase of $842 million

as a result of higher-than-expected revenues to the Highway Trust Fund, an adjustment provided

for in SAFETEA known as Revenue-Aligned Budget Authority, or RABA.

The House approved the requested (authorized) level for highway programs—$37.0 billion11—

and added $100 million to the Capital Grants (New Starts) transit program to bring the transit

funding up to its authorized level of $8.9 billion. The Senate Committee on Appropriations

recommended the same level for federal highway programs and the requested level for transit

programs (thus, $100 million less than the House provided). The FY2007 Continuing Resolution

(P.L. 110-5) provided $39.8 billion for the federal highway program and $9.0 billion for the

federal transit program for FY2007. P.L. 110-5 also rescinded $3.5 billion from unobligated

balances of previously provided contract authority for federal highway programs, resulting in a

net FY2007 level of $36.3 billion for the federal highway program.

The Administration requested $517 million (a 6% increase) for the Federal Motor Carrier

Administration (FMCSA) and $815 million (a 1% increase) for the National Highway Traffic

Safety Administration (NHTSA). The House Committee on Appropriations recommended the

requested level for FMCSA and recommended an additional $6 million to the amount requested

for NHTSA. The House concurred with these recommendations. The Senate Committee on

Appropriations also recommended the requested level for FMCSA and $8 million less than

requested for NHTSA. FMCSA received $517 million and NHTSA received $821 million for

FY2007 as a result of P.L. 110-5.

Maritime Administration (MARAD)

The Administration requested $299 million for the Maritime Administration for FY2007, $7

million (2%) below the $306 million enacted for FY2006. As in its FY2006 budget, the

Administration did not request any new funding for National Defense Tanker Vessel Construction

Program, and requested that $74 million Congress appropriated in FY2005 for this program be

rescinded (bringing its net request down to $223 million, assuming this rescission). The House

provided $300 million, and supported the request to rescind the $74 million for the National

Defense Tanker Vessel Construction Program. That rescission, plus a $2 million rescission of

10

In addition to the $36.3 billion in funding for federal-aid highways and exempt contract authority provided in

FY2006, the DOT also received $3.5 billion in emergency relief funding to respond to the effects of the Gulf Coast

hurricanes.

11

$39.1 billion in obligation limitations and $739 million in exempt obligations. A $2.2 billion rescission of contract

authority brings the net total after score-keeping adjustments down to $37.7 billion.

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administrative expenses for the Maritime Guaranteed Loan Program, brought the net total funding

down to $224 million.

The Senate Committee on Appropriations recommended $344 million for MARAD, significantly

above the request and the House level. The additional funding was for subsidies for the Title IX

loan program ($30 million) and a new program to assist small shipyards ($15 million). The

committee also recommended the requested $74 million rescission for the National Defense

Tanker Vessel Construction Program (thus bringing the net total funding to $270 million). The

FY2007 Continuing Resolution (P.L. 110-5) provided $291 million for MARAD. P.L. 110-5 also

rescinded the $74 million in the National Defense Tanker Vessel Construction Program, and

rescinded $2 million from MARAD’s ship construction account, resulting in a net FY2007

appropriation of $214 million.

The National Defense Tanker Vessel Construction Program is intended to decrease the

Department of Defense’s reliance on foreign-flag oil tankers by supporting the construction of up

to five privately-owned product-tanker vessels in the United States. It would provide up to $50

million per vessel for the construction, in U.S. shipyards, of commercial tank vessels that are

capable of carrying militarily useful petroleum products and that would be available for the

military’s use in time of war.

Title II: Department of the Treasury

Table 5.Title II: Department of the Treasury Appropriations, FY2006 and FY2007

(millions of dollars)

FY2007

Senate

Committee

Recommendation

FY2007

Enacted

FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

$195

$224

$224

$224

$216

Department-wide Systems

and Capital Investments

24

34

34

34

30

Office of Inspector General

17

17

17

18

17

Treasury Inspector General

for Tax Administration

132

136

136

136

133

Air Transportation

Stabilization Program

3

—

—

—

—

Community Development

Financial Institutions Fund

55

8

40

55

55

Treasury Building and Annex

Repair and Restoration

10

—

—

—

—

Financial Crimes

Enforcement Network

73

90

84

77

73

Financial Management

Service

234

234

234

234

235

Alcohol and Tobacco Tax

and Trade Bureau

90

64

93

93

91

Program or Account

Departmental Offices

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FY2007

Senate

Committee

Recommendation

FY2007

Enacted

Program or Account

FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

Bureau of the Public Debt

175

178

178

178

176

Internal Revenue Service,

Total

10,545b

10,592

10,487

10,656

10,597

4,095

4,045

—

—

—

—

—

2,059

2,110

2,138

4,678

4,762

—

—

—

—

—

4,757

4,797

4,686

Information Systems

1,583

1,602

—

—

—

Operations Support

—

—

3,459

3,487

3,545

Business Systems

Modernization

197

167

197

245

213

Health Insurance Tax

Credit Administration

20

15

15

15

15

Rescission

(29)

—

—

—

—

$11,581b

$11,606

$11,528

$11,706

$11,624

Processing, Assistance and

Management

Taxpayer Services

Tax Law Enforcement

Enforcement

Total Appropriations,

Dept. of the Treasury

Source: Figures are from a budget authority table provided by the House Committee on Appropriations, except

Senate Committee figures are from a budget table in S.Rept. 109-109. Because of differing treatment of offsets,

the totals will not always match the Administration’s totals. The figures within this table may differ slightly from

those in the text due to supplemental appropriations, rescissions, and other funding actions. Columns may not

add due to rounding or exclusion of smaller program line-items.

a.

FY2006 figures reflect an across-the-board rescission of 1%.

b.

Excludes a rescission of $29 million for the IRS account.

This section examines FY2007 appropriations for the Treasury Department and its operating

bureaus. FY2007 appropriations for the largest operating bureau, the Internal Revenue Service

(IRS), are examined in the following section.

The Treasury Department performs a variety of governmental functions. Foremost among them

are protecting the nation’s financial system against a host of illicit activities (e.g., money

laundering and terrorist financing), collecting tax revenue, enforcing tax laws, managing and

accounting for federal debt, administering the federal government’s finances, regulating financial

institutions, and producing and distributing coins and currency.

At its most basic level of organization, Treasury consists of departmental offices and operating

bureaus. In general, the offices are responsible for formulating and implementing policy

initiatives and managing Treasury’s operations, while the bureaus perform specific duties

assigned to Treasury, mainly through statutory mandates. In the past decade or so, the bureaus

have accounted for more than 95% of the agency’s funding and work force.

With one possible exception, the bureaus can be divided into those engaged in financial

management and regulation and those engaged in law enforcement. In recent decades, the

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TTHUD: FY2007 Appropriations

Comptroller of the Currency, U.S. Mint, Bureau of Engraving and Printing, Financial

Management Service (FMS), Bureau of Public Debt, Community Development Financial

Institutions Fund (CDFI), and Office of Thrift Supervision have undertaken tasks related to the

management of the federal government’s finances or the supervision and regulation of the U.S.

financial system. By contrast, law enforcement has been the central focus of the tasks handled by

the Bureau of Alcohol, Tobacco, and Firearms; U.S. Secret Service; Federal Law Enforcement

Training Center; U.S. Customs Service; Financial Crimes Enforcement Network (FinCEN); and

the Treasury Forfeiture Fund. Since the advent of the Department of Homeland Security in 2002,

Treasury’s direct involvement in law enforcement has shrunk considerably. The possible

exception to this simplified dichotomy is the Internal Revenue Service (IRS), whose main duties

encompass both the collection of tax revenue and the enforcement of tax laws and regulations.

Treasury Offices and Bureaus (Excluding the Internal Revenue Service)

Funding for many bureaus comes largely from annual appropriations. Such is the case for the

IRS, FMS, Bureau of Public Debt, FinCEN, Alcohol and Tobacco Tax and Trade Bureau, Office

of the Inspector General (OIG), Treasury Inspector General for Tax Administration (TIGTA), and

the CDFI. But there are some exceptions to this heavy reliance on appropriated funds. The

Treasury Franchise Fund, U.S. Mint, Bureau of Engraving and Printing, Office of the Comptroller

of the Currency, and the Office of Thrift Supervision finance their operations largely from the

fees they charge for services and products they provide.

In FY2007, Treasury is receiving $11.624 billion in appropriated funds, or 0.4% more than it

received in FY2006, after allowing for a rescission of 1%. Most of these funds are being used to

finance the operations of the IRS, which is receiving $10.597 billion in FY2007. The remaining

$1.027 billion is distributed among Treasury’s other bureaus and departmental offices in the

following amounts: Departmental offices (which includes the Office of Terrorism and Financial

Intelligence—or TFI—and the Office of Foreign Assets Control) is receiving $216 million;

Department-wide systems and capital investments, $30 million; OIG, $17 million; TIGTA, $133

million; CDFI, $55 million; FinCEN, $73 million; FMS, $235 million; Alcohol and Tobacco Tax

and Trade Bureau (ATB), $91 million; and Bureau of the Public Debt, $176 million.

Internal Revenue Service (IRS)

To help finance its operations and multitude of spending programs, the federal government levies

individual and corporate income taxes, social insurance taxes, excise taxes, estate and gift taxes,

customs duties, and miscellaneous taxes and fees. The federal agency responsible for

administering and collecting these taxes and fees (except for customs duties) is the Internal

Revenue Service (IRS). In discharging this responsibility, the IRS receives and processes tax

returns, related documents, and tax payments; disburses refunds; enforces compliance through

audits and other procedures; collects delinquent taxes; and provides a host of services to

taxpayers with the aim of enabling them to understand their rights and responsibilities under the

federal tax code and resolving problems without litigation. In FY2006, the agency collected

$2.537 trillion before refunds, the largest component of which was individual income tax revenue

of $1.236 trillion.

The IRS receives funding for its operations from three sources: appropriated funds, user fees, and

so-called reimbursables, which are payments the IRS receives from other federal agencies and

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state governments for services it provides. In FY2006, appropriated funds accounted for 98% of

IRS’s operating budget, with user fees and reimbursables each adding another 1%.

Starting in FY2007, appropriated funds are distributed among five accounts:

•

(1) taxpayer services, which provides resources for pre-filing taxpayer

assistance, filing and account services, administrative services for IRS

employees, and senior IRS management;

•

(2) enforcement, which covers the cost of compliance services, research and

statistical analysis, and administration of the earned income tax credit;

•

(3) operations support, which addresses the improvement and maintenance of

the agency’s information and management systems;

•

(4) business systems modernization (or BSM), which provides funds for

developing new information systems for tax administration and acquiring the

hardware and software needed to integrate them into IRS’s operations;

•

and (5) health insurance tax credit administration, which covers the cost of

administering the refundable tax credit for health insurance established by the

Trade Adjustment Assistance Reform Act of 2002.

In FY2007, the IRS is receiving $10.597 billion in appropriated funds—or 0.5% more than it

received in FY2006. Of this amount, $2.138 billion is designated for taxpayer services, $4.686 for

enforcement, $3.545 for operations support, $213 million for the BSM program, and $15 million

for administration of the health insurance tax credit. The IRS is one of the many federal agencies

being funded in FY2007 under a year-long continuing resolution (H.J.Res. 20) enacted in

February 2007. Under the resolution, the “requirements, authorities, conditions, limitations, and

other provisions” that governed the use of FY2006 appropriations by all affected agencies are

also to govern their use of FY2007 appropriations. As a result, certain restrictions that applied to

funding for IRS operations in FY2006 also apply to the funding for IRS operations in FY2007.

Specifically, the IRS may not reorganize or reduce its workforce in FY2007 without the consent

of the House and Senate Appropriations Committees. In addition, during FY2007, the IRS is

barred from entering the market for tax return preparation software, and from instituting

reductions in taxpayer service until TIGTA completes a report on the effects of such reductions on

taxpayer compliance.

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Title III: Department of Housing and Urban

Development

Table 6.Title III: Housing and Urban Development Appropriations, FY2006 to

FY2007

(budget authority in $ billions)

Program

FY2006

enacted

FY2007

request

FY2007

House

FY2007

S. Com.

FY2007

enacteda

Appropriations

Tenant Based Rental Assistance (includes

advanced appropriation) (Sec. 8)

$15.418

$15.920

$15.846

$15.920

$15.920b

Project Based Rental Assistance (Sec. 8)

5.037

5.676

5.476

5.676

5.976b

Sec. 8 supplementalc

0.390

0.000

0.000

0.000

0.000

2.460

2.439

Public housing capital fund

2.439

2.178

2.208d

Public housing operating fund

3.564

3.564

3.564

3.660

3.864b

HOPE VI

0.099e

0.000c

0.000d

0.100

0.099

Native American housing block grants

0.624

0.626

0.626

0.626

0.624

Indian Housing Loan Guarantee

0.004

0.006

0.004

0.006

0.006

Native Hawaiian Block Grant

0.009

0.006

0.009

0.009

0.009b

Native Hawaiian Loan Guarantee

0.001

0.001

0.001

0.001

0.001

Housing, persons with AIDS (HOPWA)

0.286

0.300

0.300

0.295

0.286

Rural Housing Economic Development

0.017

0.000

0.000

0.020

0.017

Community Development Fund

(Including CDBG)f

4.178

3.032

4.215g

4.215

3.772b

CDF supplementalc

16.700

0.000

0.000

0.000

0.000

Section 108 Loan Guarantees

0.004

0.000

0.003

0.003

0.004

0.000

0.010

Brownfields redevelopment

0.010

0.000

0.000g

HOME Investment Partnerships

1.757

1.917

1.917

1.942

1.757

Homeless Assistance Grants

1.327

1.536h

1.536

1.511

1.442b

Self-help Homeownership

0.060

0.040

0.060

0.066

0.049b

Housing for the elderly

0.735

0.545

0.747

0.750

0.735

Housing for the disabled

0.237

0.119

0.240

0.240

0.237

Housing Counseling Assistancei

0.000

0.045

0.000

0.000

0.000

Rental Housing Assistance

0.026

0.025

0.025

0.025

0.026

Research and technology

0.056

0.068

0.056

0.060

0.050b

Fair housing activities

0.046

0.045

0.045

0.045

0.046

Office, lead hazard control

0.150

0.115

0.150

0.152

0.150

0.573

0.590j

0.493j

0.594j

0.581k

Salaries and expenses

Congressional Research Service

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TTHUD: FY2007 Appropriations

Program

FY2006

enacted

FY2007

request

FY2007

House

FY2007

S. Com.

FY2007

enacteda

Working capital fund

0.195

0.220

0.000l

0.220

0.195

Manufactured Housing Fees Trust Fundm

0.013

0.016

0.016

0.016

0.013

Office of Federal Housing Enterprise

Oversightm

0.060

0.062

0.062

0.068

0.060

FHA Expensesm

0.727

0.734

0.714

0.724

0.722n

GNMA Expensesm

0.011

0.061q

0.011

0.011

0.011

Inspector General

0.081

0.083

0.083

0.091

0.082k

Appropriations Subtotal without

supplemental

37.743

37.527

38.405

39.504

39.182

Appropriations Subtotal with

supplemental

49.633

37.527

38.405

39.504

39.182

Sec. 8 recaptures (rescission)o

-2.050

-2.000

-2.000

-2.000

-1.650b

HOPE VI rescission

0.000

-0.099

0.000

0.000

0.000

Brownfields redevelopment rescission

-0.010

0.000

0.000

0.000

0.000

Economic Development Initiative

Rescission

0.000

-0.356p

0.000

0.000

0.000

-2.060

-2.455

-2.000

-2.000

-1.650

Manufactured Housing Fees Trust Fund

-0.013

-0.016

-0.016

-0.016

-0.013

Office of Federal Housing Enterprise

Oversight

-0.060

-0.062

-0.062

-0.068

-0.060

Federal Housing Administration (FHA)

-1.648

-0.652

-0.849

-0.652

-0.652

GNMA

-0.368

-0.224q

-0.181

-0.181

-0.181

-2.089

-0.954

-1.108

-0.917

-0.906

Total before supplementals

$33.594

$34.118

$35.297

$36.588

$36.626

Total with supplementals

$50.684

$34.118

$35.297

$36.588

$36.626

Rescissions

Rescissions Subtotal

Offsetting Collections and Receipts

Offsets Subtotal

Source: Prepared by CRS based on H.R. 5576, H.Rept. 109-495, S.Rept. 109-293, P.L. 110-5, and tables

provided by the Appropriations Committee. FY2006 figures are adjusted to reflect the 1% across-the-board

rescission enacted in P.L. 109-148. Figures for FY2006 enacted and FY2007 request contained in earlier versions

of this table were based on CRS estimates, which have since been replaced with House Appropriations

Committee estimates.

a.

The FY2007 year-long continuing resolution funded most accounts at their FY2006 enacted level; however,

the CR specified higher or lower funding levels for some HUD accounts.

b.

The CR included a specific amount for this account, which differed from the FY2006 enacted level.

c.

P.L. 109-148 provided emergency supplemental hurricane recovery funds, including $390 million for the

Section 8 voucher program and $11.5 billion for CDBG. An additional $5.2 billion for CDBG was included

in P.L. 109-234. These special purpose funds were not a part of the regular FY2006 appropriations law (P.L.

109-115).

d.

A floor amendment added $30 million to the Public Housing Capital Fund. Floor statements indicated that

the funding was intended for the HOPE VI program; however, no language was included in the bill directing

that the funds be used for HOPE VI.

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e.

The President’s FY2007 budget requested that Congress rescind the $99 million it provided for the HOPE

VI program in FY2006.

f.

The Community Development Fund account funds the CDBG program and other related community

development programs. CDBG accounts for the largest portion of the CDF account.

g.

A floor amendment added $15 million to the Community Development Fund. Floor statements indicated

that the funds were to be used for Brownfields.

h.

The President’s request included $25 million that would be transferred to the Department of Labor.

i.

This program is typically funded as a set-aside within the HOME program. In FY2006, it was funded at $42

million within the HOME account. In recent years, including FY2007, the President’s budget has requested

that the program be funded separately from HOME. The House, Senate, and final enacted versions of the

FY2007 funding bill continued to fund Housing Counseling as a set-aside within the HOME account at $42

million.

j.

The President’s request assumed $4 million in savings from a legislative proposal. Neither the House-passed

bill, the Senate committee-passed bill, or the final enacted bill assumed such savings.

k.

The CR appropriated such sums as may be necessary to fund 50% of the cost of the statutory cost-of-living

salary increase approved for FY2007. This provision affected the HUD salaries and expenses account as well

as the Inspector General’s account. The amount shown here may change if estimates of the cost of this

provision change.

l.

The House Appropriations Committee-passed version included $100 million for the Working Capital Fund.

A floor amendment decreased the account by $100 million to offset a $70 million increase in funding for

tenant-based rental assistance.

m. The administrative costs of these programs are generally paid by offsetting receipts collected by the

program. In some cases, the administrative costs are fully offset by collected fees; in others, they are

partially offset, and in others, the offsetting receipts are larger than the administrative costs, and the excess

are used to offset the total cost of the HUD budget. See the offsetting receipts portion of Table 6.

n.

Each year, the Congressional Budget Office makes an estimate of how much additional, authorized contract

authority FHA will use. In FY2006, CBO estimated HUD would use $5 million in additional contract

authority. The CR did not include that $5 million in additional contract expenses.

o.

Each year, unobligated balances are recaptured from the Housing Certificate Fund, an account that

previously funded the tenant-based and project-based Section 8 rental assistance programs, and which still

contains long-term Section 8 contracts funded in prior years.

p.

The President’s FY2007 budget requested that Congress rescind the full amount it provided in FY2006 for

Economic Development Initiative and Neighborhood Initiative earmarks within the CDF account.

q.

The President’s budget documents indicate that a new GNMA proposal would cost $43 million, but its

costs would be offset by an additional $43 million in offsetting receipts. The House, Senate, and final

enacted bills did not include that assumption.

Department of Housing and Urban Development Budget and Key

Policy Issues12

The President’s FY2007 budget proposed to fund the Department of Housing and Urban

Development (HUD) at approximately $34.1 billion, just over HUD’s $33.6 billion budget for

FY2006 (not including FY2006 supplementals related to Hurricane Katrina). Although the overall

request appeared to be an increase, the amount requested actually would have resulted in a slight

decrease, with a number of HUD programs slated for funding cuts. This seeming contradiction

resulted from a decrease in the amount of offsetting receipts available to subsidize the HUD

12

Office of Management and Budget, Budget for Fiscal Year 2007, pp. 216-224.

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budget. As can be seen in Table 6, appropriations would have declined by more than $200 million

and offsetting receipts would have declined by more than $1 billion under the President’s request.

On June 14, 2006, the House passed its version of the FY2007 Transportation, Treasury, and

Housing and Urban Development (HUD), the Judiciary, District of Columbia and Independent

Agencies (TTHUD) Appropriations bill (H.R. 5576), which would have provided $35.3 billion

for HUD. Floor amendments that would have increased funding for Section 8 vouchers, leadbased paint hazard control, HOPE VI, supportive housing for the elderly, and Brownfields

redevelopment were added to the bill. On July 27, 2006, the Senate Appropriations Committee

approved its version of H.R. 5576, which would have provided $36.6 billion for HUD.

Congress did not enact the majority of FY2007 appropriations bills before the end of the 2006

fiscal year. In order to fund government operations until final appropriations bills were enacted,

Congress passed a series of continuing resolutions (P.L. 109-289, P.L. 109-369, P.L. 109-383)

which funded HUD programs at the lower of the House-passed or FY2006 enacted funding level.

On February 15, 2007, President Bush signed a revised year-long continuing resolution into law

(P.L. 110-5). With some exceptions, the act funds accounts at their FY2006 levels. (For more

details on the HUD budget, see CRS Report RL33344, The Department of Housing and Urban

Development: FY2007 Budget, by (name redacted) et al.)

Community Development Fund and related programs

The Community Development Fund (CDF) funds the Community Development Block Grant

program (CDBG) and the Economic Development and Neighborhood Initiatives (EDI and NI).

CDBG provides formula grant funding to states and localities to be used for community

development-related purposes; EDIs and NIs are collections of congressionally directed projects.

The CDBG formula grant would have been funded at just under $3 billion in the Administration’s

budget for FY2007, compared to $3.7 billion in FY2006. The President proposed no new funding

for EDIs and NIs, and requested that Congress rescind the funds provided in FY2006. The

FY2007 budget would also have eliminated funding for several other community developmentrelated programs, including Brownfields redevelopment, Section 108 loan guarantees, and Rural

Housing and Economic Development.

The House-passed bill, H.R. 5576, included about $4.2 billion for the Community Development

Fund, $1.2 billion more than the Administration request. The funding level recommended by the

House included about $3.9 billion for the CDBG formula program, $57.4 million for Indian

tribes, $250 million for Economic Development Initiative earmarks, and $20 million for

Neighborhood Initiative earmarks. Although the bill as reported would have provided no funding

for the Brownfields Redevelopment program or Section 108 loan guarantees, funding for both

programs was provided through floor amendments ($3 million for Section 108 and $15 million

for Brownfields). No funding was included for Rural Housing and Economic Development.

The Senate committee-passed version of H.R. 5576 would have provided the same level of

funding for the Community Development Fund as the House-passed bill, about $4.2 billion. The

Senate committee recommended about $3.9 billion for the CDBG formula program, $58 million

for Indian tribes, $250 million for Economic Development Initiative earmarks, and $30 million

for Neighborhood Initiative earmarks. The Rural Housing and Economic Development program

would have been funded at $20 million and Section 108 loan guarantees would have received $3

million under the Senate committee-passed bill. No funding was provided for the Brownfields

Redevelopment program.

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The CR provided almost $3.8 billion for the Community Development Fund, a decrease from the

FY2006 funding level of $4.2 billion. The CDBG formula program is funded at just over $3.7

billion, about equal to the amount provided in FY2006. Funding is also provided for the Rural

Housing and Economic Development program ($16.8 million), the Section 108 loan guarantees

program ($3.7 million), and the Brownfields Redevelopment program ($9.9 million). No funds

were provided for Economic Development Initiative or Neighborhood Initiative congressionally

designated projects.

Housing Programs for the Elderly and the Disabled

The Administration’s budget proposed to reduce funding for the Section 202 housing for the

elderly program from $734.6 million in FY2006 to $545.5 million in FY2007, a cut of almost

26%. However, the House-passed bill would have funded the program at approximately $746.6

million, about $12 million more than FY2006.13 The Senate committee-passed bill recommended

$750 million for Section 202. The FY2007 Revised Continuing Appropriations Resolution (P.L.

110-5) did not specify a funding level for elderly housing, which therefore received its FY2006

level of $734.6 million for FY2007.

For the second year in a row, the Administration’s budget proposed to halve funding for the

Section 811 housing for the disabled program, to $118.8 million from $236.6 million in FY2006.

As passed by the House, H.R. 5576 would have increased funding to nearly $240 million. 14 The

Senate committee-passed bill would have provided $240 million for Section 811. Under the yearlong CR, Section 811 is funded at the FY2006 level of $236.6 million for FY2007.

Public Housing/HOPE VI

Funding for the federal public housing program comes through three main programs: the

Operating Fund, the Capital Fund, and the HOPE VI program. The first two are formula grant

programs, the former to cover the costs of the day-to-day maintenance and operation of public

housing and the latter to cover major modernization costs. HOPE VI is a competitive grant

program that funds large scale revitalization of public housing.

The President proposed $3.5 billion for the Operating Fund in FY2007 (level with FY2006) and

almost $2.2 billion for the public housing Capital Fund (an 11% reduction from FY2006). As in

FY2006, the President asked Congress to provide no new money for the HOPE VI program for

FY2007, and to rescind the funding that Congress provided in the previous year before the

Department awarded it to grantees. The House Appropriations committee-reported bill would

have funded all three programs at the President’s request. A floor amendment (H.Amdt. 1016)

offered by Representative Artur Davis would have added $30 million to the Capital Fund,

although his floor statements indicated it was intended for the HOPE VI program. The Housepassed version of the FY2007 funding bill would not have rescinded FY2006 HOPE VI funds.

The Senate committee-passed bill would have funded the Operating Fund at $3.6 billion, the

Capital Fund at $2.4 billion (both increases over FY2006) and would have funded HOPE VI at

13

Office of Management and Budget, Budget for Fiscal Year 2007, p. 222.

Mark R. Dayton, Senior Economist, Office of the Inspector General, United States Department of Transportation,

“Intercity Passenger Rail and Amtrak,” Testimony before the Subcommittee on Transportation, Treasury, the Judiciary,

Housing and Urban Development, and Related Agencies Committee on Appropriations, United States Senate, March

16, 2006, p. 1.

14

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$100 million. It would not have rescinded FY2006 funding. The CR did not contain a specific

funding level for the Capital Fund or HOPE VI, and so the accounts are funded at the FY2006

levels. The CR funded the Operating Fund at $3.8 million, a $300 million increase over the

FY2006 level.

Title IV: The Judiciary

The Judiciary Budget and Key Policy Issues

As a co-equal branch of government, the judiciary presents its budget to the President, who

transmits it to Congress unaltered. Table 7 shows the FY2006 enacted amount, the FY2007

request, the House-passed amount, the Senate committee-approved amount, and the FY2007

enacted amount.

Table 7.Title IV:The Judiciary Appropriations, FY2006 to FY2007

(millions of dollars)

FY2007

Senate

Reported

FY2007

Enacted

$63.4

$63.4

$62.6

13.0

13.0

13.0

11.4

65.7

76.4

76.4

76.4

74.0

U.S. Court of Appeals for the Federal

Circuit

23.8

26.3

26.0

25.3

25.3

U.S. Court of International Trade

15.3

16.2

16.2

16.2

15.8

4,330.2

4,691.2

4,560.1

4,587.3

4,480.5

Court Security

368.3

410.3

400.3

397.7

378.7

Defender Services

709.8

803.9

750.0

761.1

776.3

Fees of Jurors and Commissioners

60.7

63.1

63.1

63.1

60.9

5,469.0

5,968.5

5,773.5

5,809.3

5,696.4

Administrative Office of the U.S.

Courts

69.6

75.3

73.8

74.3

72.4

Federal Judicial Center

22.1

23.8

23.5

23.4

22.9

United States Sentencing Commission

14.3

15.7

15.5

15.3

14.6

Judicial Retirement Funds

40.6

58.3

58.3

58.3

58.3

$5,720.3

$6,260.5

$6,063.2

$6,098.4

$5,979.7

FY2006

Enacted

FY2007

Request

Salaries and Expenses

$60.1

$63.4

Building and Grounds

5.6

Subtotal

Budget Groupings an Accounts

FY2007

House

Supreme Court

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and Expensesa

Subtotal

Total

Source: Data were provided by the Administrative Office of the U.S. Courts, the House Appropriations

Committee (Congressional Record, June 14, 2006, pp. H3969-H3970), and the Senate Committee on

Appropriations report (S.Rept. 109-293) accompanying H.R. 5576. The FY2006 enacted amount includes a 1%

across-the-board government-wide rescission and the supplemental $18 million contained in P.L. 109-148. The

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FY2007 enacted amount was provided by the House Appropriations Subcommittee on Financial Services and

General Government. Subparts may not add up to totals due to rounding.

a.

The Vaccine Injury Compensation Trust Fund (about $4 million) is included in the Salaries and Expenses

account.

As Table 7 shows, while the FY2007 Revised Continuing Appropriations Resolution (P.L. 110-5)

provided the same level of funding to agencies in FY2007 as they received in FY2006, unless

otherwise provided in the resolution, the judiciary was one of the entities that received an increase

over its FY2006 level. The FY2007 appropriations for the judiciary would essentially maintain

current on-board staffing levels and address the immigration-related caseload.

In his January 11, 2007, letters to the Speaker of the House and the Majority and Minority leaders

in both the House and the Senate, Chief Justice John G. Roberts, Jr., expressed his concern about

a possible year-long continuing resolution. The Chief Justice stated that funding at the FY2006

level for FY2007 would have “a severe impact on court operations, our judicial system, and

potentially all U.S. citizens.” Specifically, he cited the Administrative Office of the U.S. Court’s

calculations that “almost 2,400 probation and pretrial services officers and clerks’ offices staff

currently employed by the courts would be lost. This reduction of almost 12 percent of the courts’

staff would have to be accomplished through hiring freezes, furloughs and ultimately the firing of

these dedicated employees.” He emphasized that public safety would be at risk because the

appropriate level of supervision would not be available for felons released from prison and for

defendants during the pretrial stage. He also expressed concern that there would be no funds to

pay court-appointed private attorneys for the last 10 weeks of FY2007 to ensure the timely

disposition of criminal cases.

In his letter, the Chief Justice requested that the Judiciary not be subject to a budget freeze, and

revised the FY2007 judiciary budget request to $6.029 billion. This was $231 million (or 3.7%)

less than the original request of $6.260 billion, but $309 million (or 5.4%) more than the FY2006

enacted amount of $5.720 billion. He stated that the revised amount would be needed for the

federal courts to fulfill their constitutional and statutory responsibilities.

Subsequently, Congress approved $5.98 billion in FY2007 appropriations for the judiciary (P.L.

110-5). The FY2007 enacted amount is 4.5% more than the FY2006 appropriation of $5.72

billion.

In his 2005 Year-End Report on the Federal Judiciary,15 released on January 1, 2006, Chief

Justice John G. Roberts, Jr., highlighted appropriations issues and their importance in maintaining

an independent judiciary that can fulfill its mission. The Chief Justice expressed concern about

the high cost of rent the judiciary pays to the General Services Administration (GSA), and asked

Congress for rent relief. The rent now constitutes about 20% of the total judiciary budget. In early

2006, legislation was introduced in both the House and Senate which would direct GSA to

establish rental fees that would not exceed the actual costs of operating and maintaining the space

it provides the judiciary. On February 8, 2006, Representative James F. Sensenbrenner, Jr.,

chairman of the House Judiciary Committee (for himself and Representative Lamar S. Smith)

introduced H.R. 4710, the “Judiciary Rent Reform Act of 2006,” which was referred to the House

15

Notice of proposed rulemaking published in the Federal Register on November 7, 2005 (70 Fed. Reg. 67389);

supplemental notice of proposed rulemaking published in the Federal Register on May 5, 2006 (71 Fed. Reg. 26425).

For more information, see CRS Report RL33255, Legal Developments in International Civil Aviation, by (name re

dacted).

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Judiciary Committee and the House Transportation and Infrastructure Committee (and

subsequently referred to the Subcommittee on Economic Development, Public Buildings and

Emergency Management). On February 15, 2006, then-Chairman of the Senate Judiciary

Committee Arlen Specter (for himself, and Senators Patrick J. Leahy, John Cornyn, Saxby

Chambliss, Dianne Feinstein, Joseph R. Biden, Jr., James M. Talent, Daniel K. Inouye, Richard

M. Burr, and Wayne A. Allard) introduced S. 2292, a similar measure, which was referred to the

Senate Judiciary Committee. On April 27, 2006, the Senate committee reported S. 2292, and the

bill was placed on the Senate Calendar. No further action was taken on H.R. 4710 or S. 2292 prior

to the adjournment of the 109th Congress.

Chief Justice Roberts also expressed concern that judicial pay has not kept pace with inflation

over the years, and attributed increasing numbers of judges leaving the bench to this pay issue.

On February 10, 2006, Senator Dianne Feinstein (for herself, Senator Patrick J. Leahy, and

Senator John F. Kerry) introduced S. 2276, the “Federal Judicial Fairness Act of 2006,” to

increase federal judges’ salaries by 16.5%. In addition, S. 2276 would end the current linkage

between congressional and judicial salaries, which has prevented increases in judicial salaries

when Congress foregoes annual cost of living increases for its Members. S. 2276 was referred to

the Senate Judiciary Committee. On March 28, 2006, Representative Adam B. Schiff (for himself

and Representative Judy B. Biggert) introduced H.R. 5014, the “Federal Judicial Fairness Act,” a

companion bill to S. 2276, which was referred to the House Judiciary Committee. No further

action was taken on S. 2276 or H.R. 5014 prior to the adjournment of the 109th Congress.

Judicial security—the safe conduct of court proceedings and the security of judges in courtrooms

and off-site—continues to be an issue of concern. The Chief Justice noted that the violence

directed at judges in 2005 had shocked the nation, and that “we must take every step to ensure

that our own judges, to whom so much of the world looks as models of independence, never face

violent attack for carrying out their duties.”

Appropriations for the judiciary—about two-tenths of 1% (0.2%) of the entire federal budget—

are divided into budget groups and accounts. The two accounts that fund the Supreme Court (the

salaries and expenses of the Supreme Court and the expenditures for the care of its building and

grounds) together make up about 1.2% of the total judiciary budget. The structural and

mechanical care of the Supreme Court building, and care of its grounds, are the responsibility of

the Architect of the Capitol. The rest of the judiciary’s budget provides funding for the “lower”

federal courts and for related judicial services. The largest account, about 75% of the total

budget—the Salaries and Expenses account for the U.S. Courts of Appeals, District Courts, and

Other Judicial Services—covers the salaries of circuit and district judges (including judges of the

territorial courts of the United States), justices and judges retired from office or from regular

active service, judges of the U.S. Court of Federal Claims, bankruptcy judges, magistrate judges,

and all other officers and employees of the federal judiciary not specifically provided for by other

accounts; and the necessary expenses of the courts. The judiciary budget does not fund three

“special courts” in the U.S. court system: the U.S. Court of Appeals for the Armed Forces, the

U.S. Tax Court, and the U.S. Court of Appeals for Veterans Claims. Federal courthouse

construction also is not funded within the judiciary’s budget.

FY2007 Request and Appropriation

For FY2007, the judiciary requested $6.26 billion in total appropriations, a 9.4% increase over the

$5.72 billion enacted for FY2006. The FY2007 budget request includes funding for 33,631 fulltime-equivalent (FTE) positions—an increase of 417 FTEs or 1.3% above the FY2006 estimate of

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33,214 FTEs. The requested additional positions were a continuation of efforts to restore some

positions lost in previous years as well as to provide for expected workload increases. Of the total

budget request increase of $540.1 million, $461.8 million (86%) would have funded pay

adjustments and other inflation-related increases needed to maintain current services. The

remaining $78.3 million (14%) of the $540.1 million increase was for expected workload changes

and program enhancements. TheFY2007 enacted amount (P.L. 110-5) was $5.98 billion, a 4.5%

increase over the FY2006 appropriation.

House Action

On April 4, 2006, the House Appropriations TTHUD Subcommittee held a hearing on the

Supreme Court budget request for FY2007, and heard testimony from Supreme Court Justices

Anthony Kennedy and Clarence Thomas. Another hearing was held the following day to hear

testimony on the overall judiciary budget request from Judge Julia Smith Gibbons, United States

Circuit Judge for the Sixth Circuit Court of Appeals and Chair of the Budget Committee of the

Judicial Conference of the United States, and then-Director of the Administrative Office of the

U.S. Courts (AOUSC) Leonidas R. Mecham. Among issues raised at the hearings were judicial

pay, televising the Supreme Court proceedings, rent paid to GSA, the Supreme Court building

modernization project, and workload.

On May 26, 2006, the subcommittee held a markup on the bill and approved a total of $6.1 billion

for the judiciary. By voice vote, on June 6, 2006, the House Appropriations Committee approved

the recommended $6.1 billion funding level—a $342.8 million (6.0%) increase over the FY2006

level, but $197.3 million (3.2%) less than the FY2007 request. Three days later, on June 9, 2006,

the committee reported H.R. 5576. On June 14, 2006, the House passed H.R. 5576 to provide the

judiciary with the same level of funding the committee had approved.

The House committee expressed concern over the judiciary’s practice of including “one-time

windfalls of offsetting collections and prior year carryover funds in the FY2007 funding base,”

and urged the judiciary to discontinue the practice in developing its FY2008 budget submission.

Senate Action

On July 18, 2006, the Senate Appropriations Subcommittee on Transportation, Treasury, the

Judiciary, Housing and Urban Development, and Related Agencies held a markup on the bill, and

approved a total of $6.1 billion for the judiciary. Two days later, on July 20, 2006, the Senate

Appropriations Committee held a markup, and approved the $6.1 billion funding level—a $378

million (6.6%) increase over the FY2006 level, but $162.1 million (2.6%) less than the FY2007

request. In the committee report, the committee expressed its concerns about several issues;

among them are the following:

•

Staffing: The committee recommended that the Judicial Conference make the

retention of personnel a top priority. The committee also expressed concern about

workload and staffing needs of the district courts along the U.S. southwest

border, resulting from increased immigration funding law enforcement activities.

It directed AOUSC to provide a hiring plan (in its FY2007 financial plan) for

positions that would be funded for magistrate judges and staff, and to keep the

committee apprised as the positions are filled. It also directed AOUSC to

examine staffing formulas to ensure that they reflect changing trends, and report

to Congress

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•

Courthouse construction. Noting that the self-imposed courthouse construction

moratorium would end in September 2006, the committee urged the judiciary to

carefully weigh its space needs with concerns about the rent it pays to GSA. It

also called for adequate checks and balances to ensure that future construction

needs and requests are “subjected to the highest standards of cost-effectiveness.”

It directed AOUSC to report to the committee, no later than 120 days after

enactment of this bill, on the steps that have been and are being taken for more

efficient use of space in the district and circuit courts. Further, it encouraged the

judiciary to continue working with GSA on fair and accurate rent charges, and

also to correct any inequities.

•

Carryover funds: The committee directed that carryover funds be used to meet

current and projected needs before enhancing any program. The AOUSC is to

submit separately in future financial plans, for House and Senate appropriations

committees’ approval, all sources of carryover funds and their desired

application.

Following are highlights of the FY2007 judiciary budget:

Supreme Court

For FY2007, the total request for the Supreme Court (salaries and expenses plus buildings and

grounds) was $76.4 million, a 16.2% increase over the FY2006 appropriation of $65.7 million.

The total request comprised two accounts: (1) Salaries and Expenses—$63.4 million was

requested, compared with the FY2006 enacted amount of $60.1 million; and (2) Care of the

Building and Grounds—$13.0 million was requested, compared with $5.6 million enacted for

FY2006. Most of the requested increase in salaries and expenses was to fund increases in salary

and benefit costs, inflationary fixed costs, and five new positions. The Buildings and Grounds

account request increased by $7.4 million (132.7%), including funds for the Supreme Court

Building roofing system repairs, maintenance of the building, and grounds operations, and

continuation of the building modernization project. The House approved the full amount

requested for this account. The Senate committee also approved the full amount. The FY2007

enacted amount for this account was $74.0 million, a 12.6% increase over the FY2006

appropriation.

U.S. Court of Appeals for the Federal Circuit

The FY2007 request for this account was $26.3 million—a $2.5 million (10.6%) increase over the

$23.8 million appropriated for FY2006. The request provided for pay and other inflationary

adjustments, increased health benefit costs, and increased rental costs related to space for senior

judges. The requested increase also included $926,000 for information technology upgrades,

infrastructure requirements for a disaster recovery plan, and the implementation of courtroom

technology in two of this circuit’s three courtrooms. The House approved $26.0 million for this

account—a $2.2 million increase over the FY2006 level, but $0.3 million less than the FY2007

request. The Senate committee recommended $25.3 million—a $1.5 million increase over the

FY2006 level, but $1.0 million less than the FY2007 request. The FY2007 enacted amount was

$25.3 million, a 6.3% increase over the FY2006 appropriation.

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U.S. Court of International Trade

The FY2007 request was for $16.2 million—a $0.9 million (5.5%) increase over the FY2006

appropriation of $15.3 million that the judiciary budget submission ascribes largely to increases

in pay and benefits. The House approved the full amount requested for this account. The Senate

committee also approved the full amount. The FY2007 enacted amount was $15.8 million, a 3.3%

increase over the FY2006 appropriation.

Courts of Appeals, District Courts, and Other Judicial Services

This budget group includes 12 of the 13 courts of appeals and 94 district judicial courts located in

the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the territories of Guam

and the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Making up

about 95% of the judiciary budget, the four accounts in the group—salaries and expenses, court

security, defender services, and fees of jurors and commissioners—fund most of the day-to-day

activities and operations of the federal circuit and district courts.

Salaries and Expenses

The FY2007 Salaries and Expenses request for this budget group16 was $4,691.2 million—a

$361.0 million (8.3%) increase over the FY2006 level of $4,330.2 million. According to the

budget request, about 99% of this increase was required for pay increases and other adjustments

needed to maintain the courts’ current services. For example, of the $361.0 million increase

requested, $106.7 million was requested for pay and benefit adjustments for court personnel.

Another $46.9 million of the increase was for increased rent to GSA and related costs, such as

equipment. 17 In addition, $42.6 million was requested for the Judiciary Technology Fund to

support existing and newly installed information technology systems, and to continue the

implementation of new information systems. Another increase of $22.1 million was to fund 257

FTEs—additional support staff needed to address the courts’ anticipated workload increase during

the year (as a result of an expected increase in the number of immigration-related cases along the

southwest border with Mexico).18 Finally, according to the judiciary budget request, to maintain

the same level of services provided in FY2006, a $115.1 million increase was needed in this

account for FY2007 because of an anticipated shortfall of funds from fee collections and

carryover funds from previous years. In addition to appropriated funds, this account receives

other funds, including current year fee collections, carryover of fee balances from the prior year,

and no-year appropriation balances. In FY2007, these non-appropriated funds were projected to

total $285.9 million. The House approved $4,560.1 million for this account—a $229.9 million

increase over the FY2006 level, but $131.1 million less than the FY2007 request. The Senate

committee recommended $4,587.3 million—a $257.1 million increase over the FY2006 level, but

$103.9 million less than the FY2007 request. The FY2007 enacted amount was $4,480.5 million,

a 3.5% increase over the FY2006 appropriation.

16

Federal Register, vol. 71, no. 236 (December 8, 2006), 71106-71109.

In addition to the $36.3 billion in funding for federal-aid highways and exempt contract authority provided in

FY2006, the DOT also received $3.5 billion in emergency relief funding to respond to the effects of the Gulf Coast

hurricanes.

18

$39.1 billion in obligation limitations and $739 million in exempt obligations. A $2.2 billion rescission of contract

authority brings the net total after score-keeping adjustments down to $37.7 billion.

17

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TTHUD: FY2007 Appropriations

Court Security

This account provides for protective guard services, security systems, and equipment for

courthouses and other federal facilities to ensure the safety of judicial officers, employees, and

visitors. Under this account, a major portion of the funding is transferred to the U.S. Marshal

Service for administering the Judicial Facility Security Program to pay for court security officers.

The FY2007 request was $410.3 million—a $42.1 million (11.4%) increase over the FY2006

appropriation of $368.3 million. This increase was reportedly driven by pay and benefit

adjustments and other adjustments needed to maintain current services. The increase would also

cover the costs for 34 additional court security officers expected to be needed during FY2007.

Payment to the Federal Protective Service (FPS) is also covered under this account. The FY2007

request for FPS was $67.9 million—a $7.4 million increase over the FY2006 appropriation of

$60.5 million. In addition, $16.8 million was requested for security systems, perimeter (outside

the building) security, and equipment for court security and for probation and pretrial service

offices. An additional $6.6 million was requested to replace VCRs with digital video recorders.

The House approved $400.3 million for this account—a $32.0 million increase over the FY2006

level, but $10 million less than the FY2007 request. The Senate committee recommended $397.7

million for this account—a $29.4 million increase over the FY2006 level, but $ 12.6 million less

than the FY2007 request. The FY2007 enacted amount was $378.7 million, a 2.8% increase over

the FY2006 appropriation.

Defender Services

This account funds the operations of the federal public defender and community defender

organizations, and the compensation, reimbursement, and expenses of private practice panel

attorneys appointed by the courts to serve as defense counsel to indigent individuals accused of

federal crimes. The FY2007 request was $803.9 million—a $94.1 million (13.3%) increase over

the FY2006 appropriation of $709.8 million. The increase requested was reportedly to provide for

pay increases and other inflationary adjustments, and to fund workload increases arising from

Supreme Court rulings. The request also provided for the start-up of new federal defender

organizations scheduled to open in FY2007. Currently, five judicial districts are not served by a

Federal Defender Office: Alabama (Northern), Georgia (Southern), Kentucky (Eastern),

Mississippi (Northern), and the Commonwealth of the Northern Mariana Islands. The requested

funding would have provided 80 FTEs to cope with the projected caseload increase of 5,500

cases. The House approved $750 million for this account—a $40.2 million increase over the

FY2006 level, but $53.8 million less than the FY2007 request. The Senate committee

recommended $761.1 million for this account—a $51.3 million increase over the FY2006 level,

but $42.8 million less than the FY2007 request. The FY2007 enacted amount was $776.3 million,

a 9.4% increase over the FY2006 appropriation.

Fees of Jurors and Commissioners

This account funds the fees and allowances provided to grand and petit jurors, and the

compensation of jury and land commissioners. The FY2007 request was $63.1 million—a $2.4

million (3.9%) increase over the FY2006 appropriation of $60.7 million. The increase was due

mainly to inflationary costs associated with expenses paid to jurors. The House approved the full

amount requested for this account. The Senate committee also approved the full amount. The

FY2007 enacted amount was $60.9 million, a 0.3% increase over the FY2006 appropriation.

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TTHUD: FY2007 Appropriations

Administrative Office of the U.S. Courts (AOUSC)

As the central support entity for the judiciary, the AOUSC provides a wide range of

administrative, management, program, and information technology services to the U.S. courts.

The AOUSC also provides support to the Judicial Conference of the United States, and

implements conference policies and applicable federal statutes and regulations. The FY2007

request for this account was $75.3 million—a $5.7 million (8.3%) increase over the FY2006 level

of $69.6 million. The increase was reportedly for pay increases and other inflationary adjustments

and for the anticipated reduction in non-appropriated funds. The AOUSC also receives nonappropriated funds from fee collections and carryover balances to supplement its appropriation

requirements. The House approved $73.8 million for this account—a $4.2 million increase over

the FY2006 level but $1.5 million less than the FY2007 request. The Senate committee

recommended $74.3 million for this account—a $4.7 million increase over the FY2006 level, but

$1.0 million less than the FY2007 request. The FY2007 enacted amount was $72.4 million, a

4.0% increase over the FY2006 appropriation.

Federal Judicial Center

As the judiciary’s research and education entity, the center undertakes research and evaluation of

judicial operations for the Judicial Conference committees and the courts. In addition, the center

provides judges, court staff, and others with orientation and continuing education and training.

The center’s FY2007 request was $23.8 million—a $1.7 million (7.5%) increase over the FY2006

appropriation of $22.1 million. The increase was reportedly to fund adjustments to pay and other

expenses due to inflation, and also to restore staff to the FY2005 level (nine additional FTEs).

The House approved $23.5 million for this account—a $1.4 million increase over the FY2006

level, but $0.3 million less than the FY2007 request. The Senate committee recommended $23.4

million for this account—a $1.3 million increase over the FY2006 level, but $0.4 million less

than the FY2007 request. The FY2007 enacted amount was $22.9 million, a 3.6% increase over

the FY2006 appropriation.

United States Sentencing Commission

The commission promulgates sentencing policies, practices, and guidelines for the federal

criminal justice system. The FY2007 request was $15.7 million—a $1.4 million (10.4%) increase

over the FY2006 appropriation of $14.3 million. According to the budget request, the increase

would provide for pay increases and other inflationary adjustments, and five FTE positions in the

research and data collection area for one year. Supreme Court decisions and recent legislation

have reportedly increased the commission’s workload, and the need for data collection and

analytical requirements. The House approved $15.5 million for this account—a $1.2 million

increase over the FY2006 level, but $0.2 million less than the FY2007 request. The Senate

committee recommended $ 15.3 million for this account—a $1.0 million increase over the

FY2006 level, but $0.4 million less than the FY2007 request. The FY2007 enacted amount was

$14.6 million, a 2.1% increase over FY2006 appropriation.

Judiciary Retirement Funds

This mandatory account provides for three trust funds that finance payments to retired bankruptcy

and magistrate judges, retired Court of Federal Claims judges, and spouses and dependent

children of deceased judicial officers. The FY2007 request was for $58.3 million—a $17.7

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TTHUD: FY2007 Appropriations

million (43.6%) increase over the FY2006 appropriation of $40.6 million. The requirements for

this account are calculated annually by an independent actuary company. The large increase

reflected a change in methodology that a new actuary company had adopted to more accurately

project future liabilities that had not been taken into account in the past. (The new methodology

included a larger population of people who are likely to join the retirement system.) The House

approved the full amount requested for this account. The Senate committee also recommended

the full amount. The FY2007 enacted amount was $58.3 million, the full amount requested.

Administrative Provisions

Some administrative provisions continued language that has appeared in previous years. The

House-passed bill included the following provisions, which apply to the judiciary only:

Section 401: To permit funds in the bill for salaries and expenses for the judiciary to be

available for employment of experts and consultant services (as authorized by 5 U.S.C.

3109).

Section 402: To permit up to 5% of any appropriation made available for FY2007 to be

transferred between judiciary appropriations accounts—provided that no appropriation shall

be decreased by more than 5 percent or increased by more than 10 percent by any such

transfer except in certain circumstances. In addition, the language provides that any such

transfer shall be treated as a reprogramming of funds (under sections 805 and 810 of the

accompanying bill), and shall not be available for obligation or expenditure except in

compliance with the procedures set forth in that section.

Section 403: To authorize not to exceed $11,000 to be used for official reception and

representation expenses incurred by the Judicial Conference of the United States.

Section 404: To require a financial plan for the judiciary within 90 days of enactment of this

act.

Section 405: To amend the Judicial Improvements Act of 1990 (P.L. 101-650) (extension of

a temporary federal district judgeship in Wichita, Kansas).

The Senate Appropriations Committee recommended language similar to Sections 401-404 in the

House-passed bill, but excluded Section 405 concerning a judgeship (see above). The Senate

committee recommended the following additional provisions:

Section 405: To allow for a salary adjustment for justices and judges.

Section 406: To grant the judicial branch with the same tenant alteration authorities as the

executive branch.

Section 407: To prohibit any judge from being entitled to sole use of a courtroom and to

require courtrooms to be scheduled based on the needs of the circuit and district courts.

(Intent of the section is to address circumstances in which courtrooms are not in full use and

the sharing of courtrooms will help reduce the overburdened judicial docket.)

P.L. 110-5, Section 113, stipulated that the departments and agencies covered by the law,

including the judiciary, should submit to the House and Senate Appropriations Committees within

30 days of enactment of the law a spending, expenditure, or operating plan for FY2007 at a “level

of detail below the account level.”

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TTHUD: FY2007 Appropriations

Among the administrative and technical provisions contained in P.L. 110-5 that apply only to the

judiciary are the following:

Section 21054. Authorizes the judiciary to transfer among its accounts not to exceed $81 million

to provide flexibility to meet operating requirements, as necessary.

Section 21056. Extends a temporary judgeship in Kansas.

Titles V (Senate) and VI (House): Executive Office

of the President and Funds Appropriated to the

President

Table 8.Titles V and VI: Executive Office of the President (EOP) and Funds

Appropriated to the President Appropriations, FY2006 to FY2007

(in thousands of dollars)

FY2007

Senate

Reported

FY2007

Enacted

$450

$450

$450

51,952

51,952

51,952

53,616

12,312

12,041

12,041

12,041

12,398

White House Repair and Restoration

1,683

1,600

1,600

1,600

1,683

Council of Economic Advisors (CEA)

4,000

4,002

4,002

4,002

4,032

Office of Policy Development (OPD)

3,465

3,385

3,385

3,385

3,487

National Security Council (NSC)

8,618

8,405

8,405

8,405

8,684

—

—

—

1,500

—

Office of Administration (OA)

88,429

102,417

91,393

91,393

88,643

Office of Management and Budget

(OMB)

76,161

68,780

76,185

76,185

76,714

Office of National Drug Control

(ONDCP)

26,639

23,309

26,928

11,500

26,766

Federal Drug Control Programs (total)

447,381

221,760

448,600

461,500

437,681

—High Intensity Drug Trafficking

Areas Program (HIDTAP)

224,730

0c

235,000

227,000

224,730

—Other Federal Drug Control

Programs

192,951

212,160

194,000

214,500

192,951

—Counterdrug Technology

Assessment Center (CTAC)

29,700

9,600

19,600

20,000

20,000

990

11,789

1,000

1,000

990

FY2006

Enacteda

FY2007

Request

Compensation of the President

$450

$450

The White House Office (WHO)

(salaries and expenses)

53,292

Executive Residence, White House

(operating expenses)

Office

Privacy and Civil Liberties Oversight

Boardb

Unanticipated Needs

Congressional Research Service

FY2007

House

Passed

30

TTHUD: FY2007 Appropriations

Office

FY2006

Enacteda

Unanticipated Needs for Natural

Disasters (emergency)

FY2007

Request

FY2007

House

Passed

FY2007

Senate

Reported

FY2007

Enacted

0

-11,789

0

0

0

Office of the Vice President (salaries

and expenses)

4,410

4,352

4,352

4,352

4,432

Official Residence of the Vice President

(operating expenses)

322

317

317

317

322

Total, EOP and Funds

Appropriated to the President

$728,152

$502,770

$730,610

$729,582

$719,898

Source: Figures are from the President’s budget request, the House Committee on Appropriations report

(H.Rept. 109-495), the Senate Committee on Appropriations report (S.Rept. 109-293) accompanying H.R. 5576,

and a Budget Authority table provided by the House Committee on Appropriations that shows FY2007 funding

under P.L. 110-5, Revised Continuing Appropriations Resolution, 2007, enacted on Feb. 15, 2007. The figures are

rounded. The table includes an offset of a rescission under the unanticipated needs account.

a.

FY2006 figures reflect an across-the-board rescission of 1.0%.

b.

For FY2006 enacted, FY2007 budget request, and FY2007 House-passed, the appropriation for the Privacy

and Civil Liberties Oversight Board is included in the White House Office appropriation.

c.

The FY2007 budget proposed to transfer the HIDTAP to the Department of Justice.

Executive Office of the President Budget and Key Policy Issues

All but three offices in the Executive Office of the President (EOP) are funded in the same

appropriations act, entitled the Departments of Transportation, Treasury, Housing and Urban

Development, the Judiciary, District of Columbia, and Independent Agencies Appropriations

Act. 19

The Office of Administration (OA) and the Council of Economic Advisers (CEA) are the only

accounts under the EOP (not including the federal drug control programs) for which increased

funding was requested for FY2007. The $14 million OA increase primarily results from the

movement of funds from other EOP components to the OA for enterprise services (discussed in

more detail below). The CEA increase was 0.05%. For the Unanticipated Needs account, the

budget requested $11.789 million, which was then offset by the requested rescission of $11.789

million from the Unanticipated Needs for Natural Disasters account. As for the remaining

accounts, except for that on Compensation of the President, which was unchanged, decreased

appropriations were requested for all other accounts under the EOP in FY2007. The OMB and

ONDCP accounts had the largest reductions—9.7% and 12.5%, respectively—from their FY2006

appropriation levels after the rescission. The reductions primarily resulted from the movement of

funds from these accounts to the Office of Administration for the continued centralization of

enterprise services. OMB also would have lost 11 FTEs (full-time equivalent employees).

The FY2007 budget, like the FY2006 budget, proposed to transfer the HIDTAP to the Department

of Justice and to fund the program at $207.6 million. For FY2006, the conference committee

19

Office of Management and Budget, Budget for Fiscal Year 2007, pp. 216-224.

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TTHUD: FY2007 Appropriations

continued to fund the program under the EOP. This practice continues for FY2007 under P.L. 1105, the Revised Continuing Appropriations Resolution.

For the sixth consecutive fiscal year, the President’s FY2007 budget proposed to consolidate and

financially realign several salaries and expenses accounts that directly support the President into a

single annual appropriation, called “The White House.” This consolidated appropriation would

total $184.252 million in FY2007 for the accounts proposed to be consolidated, an increase of

7.0% from the $172.249 million appropriated in FY2006 (after the 1.0% rescission). 20 The

increase primarily resulted from the Enterprise Services Initiative discussed below. The nine

accounts included in the consolidated appropriation would be the following:

•

Compensation of the President,

•

White House Office,

•

Executive Residence at the White House,

•

White House Repair and Restoration,

•

Office of Policy Development,

•

Office of Administration,

•

Council of Economic Advisers, and

•

National Security Council.21

The EOP budget submission stated that consolidation “presents the best means for the President

to realign or reallocate the resources and staff available in response to changing needs and

priorities or emergent national needs.”22 The conference committees on the FY2002 through

FY2006 appropriations acts decided to continue with separate appropriations for the EOP

accounts to facilitate congressional oversight of their funding and operation. For FY2007, P.L.

110-5, the Revised Continuing Appropriations Resolution, continues this practice.

The FY2007 budget requested a general provision in Title VI to continue and expand the

authority for the EOP to transfer 10% of the appropriated funds among several accounts under the

EOP. The authority would cover the following accounts in FY2007:

20

•

The White House, 23

•

Office of Management and Budget (OMB),

•

Office of National Drug Control Policy (ONDCP),

Office of Management and Budget, Budget for Fiscal Year 2007, p. 222.

21

Mark R. Dayton, Senior Economist, Office of the Inspector General, United States Department of Transportation,

“Intercity Passenger Rail and Amtrak,” Testimony before the Subcommittee on Transportation, Treasury, the Judiciary,

Housing and Urban Development, and Related Agencies Committee on Appropriations, United States Senate, March

16, 2006, p. 1.

22

Notice of proposed rulemaking published in the Federal Register on November 7, 2005 (70 Fed. Reg. 67389);

supplemental notice of proposed rulemaking published in the Federal Register on May 5, 2006 (71 Fed. Reg. 26425).

For more information, see CRS Report RL33255, Legal Developments in International Civil Aviation, by (name re

dacted).

23

Federal Register, vol. 71, no. 236 (December 8, 2006), 71106-71109.

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TTHUD: FY2007 Appropriations

•

Special Assistance to the President and the Official Residence of the Vice

President (transfers would be subject to the approval of the Vice President),

•

Council on Environmental Quality and Office of Environmental Quality,

•

Office of Science and Technology Policy, and

•

Office of the United States Trade Representative. 24

The OMB Director (or such other officer as the President designates in writing) would be able to,

15 days after notifying the House and Senate Committees on Appropriations, transfer up to 10%

of any such appropriation to any other such appropriation. The transferred funds would be merged

with, and available for, the same time and purposes as the appropriation receiving the funds. Such

transfers could not increase an appropriation by more than 50%. According to the EOP budget

submission, the transfer authority would “allow the President to address, in a limited way,

emerging priorities and shifting demands” and would “provide the President with flexibility and

improve the efficiency of the EOP.” The authority “is not intended to be used for new missions or

programs” and the need for it “arises in part due to the large number of small accounts at the

President’s discretion, as well as the need to be responsive to a dynamic environment.”25

The Consolidated Appropriations Act for FY2005 (Section 533, Title V, Division H) authorized

transfers of up to 10% of FY2005 appropriated funds among the accounts for the White House

Office, OMB, ONDCP, and the Special Assistance to the President and Official Residence of the

Vice President. For FY2006, P.L. 109-115, the Transportation, Treasury, Housing and Urban

Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations

Act, 2006 (Section 725) authorized transfers of up to 10% among the accounts for the White

House and the Special Assistance to the President and Official Residence of the Vice President.

An enterprise services initiative was included in the FY2007 budget request to make the

administration of certain services simpler and more efficient. Services included in the initiative

would be expanded to include burn bag pickup costs, employee transportation subsidies, and

Flexible Spending Account administrative fees. The budgets for these services in the WHO,

Executive Residence at the White House, OPD, NSC, CEA, OMB, ONDCP, Office of Science

and Technology Policy, United States Trade Representative, and the Council on Environmental

Quality would be moved into the OA. In order to “be consistent with other EOP components,” the

budgets for health unit services, space-related rent costs, and rent-based Federal Protective

Service in OMB and ONDCP also would be included in the OA.26

As reported by the House Committee on Appropriations and as passed by the House, the FY2007

TTHUD appropriations bill continued separate appropriations for the EOP accounts. The

provision authorizing the transfer of up to 10% of funds within the EOP also was continued.

Notable among the appropriations for the EOP accounts were the following.

24

In addition to the $36.3 billion in funding for federal-aid highways and exempt contract authority provided in

FY2006, the DOT also received $3.5 billion in emergency relief funding to respond to the effects of the Gulf Coast

hurricanes.

25

$39.1 billion in obligation limitations and $739 million in exempt obligations. A $2.2 billion rescission of contract

authority brings the net total after score-keeping adjustments down to $37.7 billion.

26

Office of Management and Budget, Budget for Fiscal Year 2007, pp. 216-224.

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TTHUD: FY2007 Appropriations

•

An appropriation of up to $1.5 million for the Privacy and Civil Liberties

Oversight Board, an account under the White House Office, was recommended

by the House committee. Under an amendment (No. 1025) offered by

Representative Christopher Shays and agreed to by the House by voice vote on

June 13, 2006, funding for the Board would be increased by $750,000.

•

An appropriation of $91.4 million was provided for the OA, $11 million less than

the FY2007 budget request. Funding for the OMB and ONDCP rental payments

to GSA, $7.4 million and $3.6 million, respectively, was continued under salaries

and expenses for those respective accounts.

•

An appropriation of $26.9 million was provided for ONDCP. The increase of

$3.6 million over the FY2007 budget request was accounted for by continuing

the funding for rental payments to GSA under this account rather than

transferring it to the OA.

•

An appropriation of $19.6 million was provided for the CTAC, $10 million more

than the FY2007 budget request. The increase was for the Technology Transfer

Program whose termination was requested by the Administration.

•

An appropriation of $227 million, $2.3 million above the FY2006 enacted level

after the rescission, for the HIDTAP (High Intensity Drug Trafficking Areas

Program) was recommended by the House committee. Increased funding was

recommended for the Appalachian, Central Valley, and Lake County HIDTAs

(High Intensity Drug Trafficking Areas). The program was continued under the

EOP, rather than under the Department of Justice as the FY2007 budget

requested. Under an amendment (No. 1026) offered by Representative Darlene

Hooley and agreed to by the House on a 348 to 76 (Roll No. 273) vote on June

13, 2006, funding for the HIDTAP would be increased by $8 million.

•

An appropriation of $194 million was provided for Other Federal Drug Control

Programs, $18.2 million less than the FY2007 budget request. The Drug Free

Communities initiative was funded at $80 million (rather than at $79.2 million, as

requested), the National Drug Court Institute was funded at $1 million (rather

than at $990,000, as requested), the National Alliance for Model State Drug Laws

was funded at $1 million (no funding was requested), and the National Youth

Anti-Drug Media Campaign was funded at $100 million (rather than at $120

million, as requested).

•

An appropriation of $1 million was provided for unanticipated needs. The

rescission of $11.8 million in emergency funds (from the Unanticipated Needs

for Natural Disasters Account) to offset non-emergency appropriations, as

requested in the FY2007 budget, was not included.

The report accompanying the bill addressed several policy issues. It expressed the Appropriations

Committee’s “serious concerns about the continued forced implementation” of the E-Gov

initiative on departments and agencies. Stating its belief that “Many aspects of this initiative are

fundamentally flawed, contradict underlying program statutory requirements and have stifled

innovation by forcing conformity to an arbitrary government standard,” the committee noted that

the FY2007 bill continued the “government-wide general provision that precludes the use of

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TTHUD: FY2007 Appropriations

funds” for the initiative without prior consultation with the committee. 27 The provision was

included as Section 938 of the House-passed bill and as Section 839 of the Senate bill as reported.

The report noted the committee’s “concern that the ONDCP has resisted focusing its programs to

fighting the alarming rise in domestic methamphetamine production, trafficking and abuse” and

stated that future funding of the office’s priorities could not be ensured if Congress continues to

be ignored. The Director of the ONDCP was directed to include “an analysis of options and

recommendations for the future course of counterdrug technology research” in the office’s budget

submission for FY2008. The committee directed the ONDCP Director to submit a financial plan,

to be updated every six months, to the House and Senate Committees on Appropriations prior to

the initial obligation of funds provided for FY2007. The first plan was due within 30 days of the

act’s enactment. Any new projects and changes in the funding of ongoing projects must receive

the prior approval of the appropriations committees. 28

In a statement of administration policy on H.R. 5576, OMB urged that the White House accounts

be consolidated, the authority to transfer up to 10% of budgetary resources within EOP accounts

be expanded, and the Enterprise Services initiative be expanded, as requested in the FY2007

budget. The Administration expressed concern about the House action to reduce funding for the

National Youth Anti-Drug Media Campaign by $20 million. 29

As reported by the Senate Committee on Appropriations, H.R. 5576 continued separate

appropriations for the EOP accounts, with one exception discussed below. The provision

authorizing the transfer of up to 10% of funds within the EOP also was continued. According to

the report accompanying the bill, the committee rejected “a single, consolidated account” because

“it would undermine the ability of the Congress to exercise adequate oversight” of the

expenditure of funds. The committee incorporated the responsibilities of the Office of Policy

Development (with its $3.4 million appropriation) into the White House Office salaries and

expenses account “to allow the White House to better manage its resources.”30 The committee

expressed its belief that oversight of the use of the OPD funds will be adequate under this merger.

Among the committee’s directives and funding recommendations for the EOP accounts were the

following.

27

•

The EOP was encouraged to submit its FY2008 budget justification within a few

days of the transmittal of the President’s budget to Congress. The justification

was to include detailed budget information for the Privacy and Civil Liberties

Oversight Board.

•

A separate appropriation of $1.5 million was provided for the Privacy and Civil

Liberties Oversight Board. (The House-passed bill funded the Board as part of

the appropriation for the White House Office.)

Office of Management and Budget, Budget for Fiscal Year 2007, p. 222.

28

Mark R. Dayton, Senior Economist, Office of the Inspector General, United States Department of Transportation,

“Intercity Passenger Rail and Amtrak,” Testimony before the Subcommittee on Transportation, Treasury, the Judiciary,

Housing and Urban Development, and Related Agencies Committee on Appropriations, United States Senate, March

16, 2006, p. 1.

29

Notice of proposed rulemaking published in the Federal Register on November 7, 2005 (70 Fed. Reg. 67389);

supplemental notice of proposed rulemaking published in the Federal Register on May 5, 2006 (71 Fed. Reg. 26425).

For more information, see CRS Report RL33255, Legal Developments in International Civil Aviation, by (name re

dacted).

30

Federal Register, vol. 71, no. 236 (December 8, 2006), 71106-71109.

Congressional Research Service

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TTHUD: FY2007 Appropriations

•

Under the Executive Residence at the White House account, restrictions on

reimbursable expenses for use of the residence, enacted for FY2004, were

continued.

•

An appropriation of $91.4 million was provided for OA, the same amount as

passed by the House, but some $11 million less than the FY2007 budget request.

The committee report stated that OA “receives reimbursements for information

management support and general office services.”31

•

An appropriation of $76.2 million was provided for OMB, the same amount as

passed by the House and $7.4 million more than the FY2007 budget request. The

committee report directed the OMB Director, assisted by appropriate federal

agencies, to report to the Senate and House Committees on Appropriations on

“the administration’s and OMB’s plans to monitor, measure, and increase Federal

agency performance and participation in energy and environmental

management.” Possible statutory obstacles to meeting energy savings goals

should be addressed in the report which must be submitted within 120 days of the

act’s enactment. “[P]roducts and services that guarantee energy and taxpayer

savings, that measure performance, and that involve public/private partnerships”

are of particular interest to the committee. 32

•

An appropriation of $11.5 million was provided for ONDCP, $11.8 million less

than the FY2007 budget request and $15.4 million less than the House-passed

funding. The committee report stated that the appropriation had been reduced “to

more closely reflect actual performance.” Funding of $1.5 million was provided

for a study of ONDCP’s organization and management to be conducted by the

National Academy of Public Administration and to begin within 60 days of the

act’s enactment. “Quarterly reports on travel expenditures, summarized by office,

program, and individual, including dates and purpose of travel” were to be

provided by the ONDCP Director to the Senate and House Committees on

Appropriations.33 The ONDCP Director was further directed to provide quarterly

staffing reports, including plans to hire additional staff, to the Appropriations

Committees. The office, position, title, salary, and job classifications of all

ONDCP staff, including contractors, should be included in the report.

•

An appropriation of $227 million was provided for HIDTAP, $8 million less than

the House-passed funding. The FY2007 budget proposed to transfer the HIDTAP

to the Department of Justice. In providing funding for the HIDTAP, the

committee report stated that the program was an important function of ONDCP.

Among the directives for the office are these: that the ONDCP Director “take

appropriate steps to ensure that the HIDTA funds are transferred to the

appropriate drug control agencies expeditiously” and the entities receiving the

resources apply them “strictly for implementing the strategy for each HIDTA,

taking into consideration local conditions and resource requirements” and that

31

In addition to the $36.3 billion in funding for federal-aid highways and exempt contract authority provided in

FY2006, the DOT also received $3.5 billion in emergency relief funding to respond to the effects of the Gulf Coast

hurricanes.

32

$39.1 billion in obligation limitations and $739 million in exempt obligations. A $2.2 billion rescission of contract

authority brings the net total after score-keeping adjustments down to $37.7 billion.

33

Office of Management and Budget, Budget for Fiscal Year 2007, pp. 216-224.

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ONCDP “hold back all HIDTA funds from a State” until the State or locality

meets its financial obligation.34

•

An appropriation of $214.5 million was provided for other federal drug control

programs, $2.3 million more than the FY2007 budget request and $20.5 million

more than the House-passed funding. The appropriation was allocated as shown

in Table 9, below. Of the $120 million provided for the National Youth AntiDrug Media Campaign, $15 million was to fund continued advertising against the

use of methamphetamine. No more than 10% of the campaign’s appropriation

could be used for administrative costs. The committee directed that $2 million of

the $80 million provided to the Drug-Free Communities Support Program was a

direct grant to the Community Anti-Drug Coalitions of America for the National

Community Anti-Drug Coalition Institute. In providing membership dues for the

World Anti-Doping Agency, “the Committee directs ONDCP to use its voice and

vote as the United States’ representative ... to ensure that all countries’ athletes

are subject to fair and equal standards and treatment.”35

Table 9. Senate Committee on Appropriations Funding Recommendations for

Federal Drug Control Programs in the Executive Office of the President, FY2007

Program

Appropriation Recommended

(In thousands $)

National Youth Anti-Drug Media Campaign

$120,000

Drug-Free Communities Support Program

80,000

U.S. Anti-Doping Agency

9,000

National Drug Court Institute

1,000

National Alliance for Model State Drug Laws

1,000

Performance Measure Development

2,000

World Anti-Doping Agency

1,500

•

An appropriation of $20 million was provided for the CTAC, $10.4 million more

than the FY2007 budget request and $400,000 more than the House-passed

funding. The funding was allocated as $10 million each for the demand reduction

program and the Technology Transfer Program. With regard to the former

program, the committee again directed that the FY2006 ONDCP operating plan,

which had not been received by the committee, be submitted within 30 days after

the act’s enactment. The plan was to “include an accounting of the use of the

FY2006 CTAC R&D appropriated funds and an accounting of all FY2006 funds

that are unobligated and unexpended and the rationale for inaction.” A spending

plan for FY2007 must be submitted to the committee that includes “technology

development projects that would provide researchers with the tools to conduct

more advanced ... drug addiction and scientific studies.” Within 45 days of the

34

Office of Management and Budget, Budget for Fiscal Year 2007, p. 222.

Mark R. Dayton, Senior Economist, Office of the Inspector General, United States Department of Transportation,

“Intercity Passenger Rail and Amtrak,” Testimony before the Subcommittee on Transportation, Treasury, the Judiciary,

Housing and Urban Development, and Related Agencies Committee on Appropriations, United States Senate, March

16, 2006, p. 1.

35

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TTHUD: FY2007 Appropriations

act’s enactment, FY2007 “funds with expenditure project execution authority

[must] be completed and transferred to other Federal departments and agencies.”

As for the technology transfer program (TTP), the FY2008 budget request for

CTAC must include “the total number of TTP applications received and the

number awarded in the previous year” to permit the committee to “have a true

understanding of CTAC’s ability to meet demand.”36

No further action occurred on H.R. 5576. P.L. 110-5, the Revised Continuing Appropriations

Resolution for FY2007, continues appropriations through September 30, 2007, at the levels

shown in Table 8, above. Sections 21057 through 21059 of P.L. 110-5 include requirements and

directives for the appropriations for the federal drug control programs. Among these are a

provision stating that “The structure of any of the offices or components within the Office of

National Drug Control Policy shall remain as they were on October 1, 2006, and none of the

funds appropriated or otherwise made available ... may be used to implement a reorganization of

offices within the Office of National Drug Control Policy without the explicit approval” of the

House and Senate Committees on Appropriations.37

Title VII: Independent Agencies

In addition to funding for the aforementioned Departments and agencies, a diverse collection of

21 independent agencies receive funding through Title VII of this appropriations bill. Table 10

lists their respective appropriations for FY2006 as enacted, and for FY2007 as requested in the

President’s Budget, passed by the House, reported in the Senate, and ultimately enacted in P.L.

110-5. Discussion following the table focuses on key budget and policy issues in some of the

larger agencies.

Table 10.Title VII: Independent Agencies Appropriations, FY2006 to FY2007

(in millions of dollars)

FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

FY2007

Senate

Reported

FY2007

Enacted

Architectural and Transportation Barriers

Compliance Board

$6

$6

$6

$6

$6

Consumer Product Safety Commission

63

63

63

62

63

Election Assistance Commission

14

17

17

17

16

Federal Deposit Insurance Corporation:

Office of Inspector General (transfer)

31

26

26

26

31

Federal Election Commission

55

57

57

57

55

Federal Labor Relations Authority

25

25

25

25

25

Agency

36

Notice of proposed rulemaking published in the Federal Register on November 7, 2005 (70 Fed. Reg. 67389);

supplemental notice of proposed rulemaking published in the Federal Register on May 5, 2006 (71 Fed. Reg. 26425).

For more information, see CRS Report RL33255, Legal Developments in International Civil Aviation, by (name re

dacted).

37

Federal Register, vol. 71, no. 236 (December 8, 2006), 71106-71109.

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FY2006

Enacteda

FY2007

Request

FY2007

House

Passed

FY2007

Senate

Reported

FY2007

Enacted

Federal Maritime Commission

20

21

21

21

20

General Services Administration

217

450

203

466

303

Merit Systems Protection Board

38

39

39

39

39

Morris K. Udall Foundation

4

0

2

2

4

326

338

338

348

331

1,500

1,500

1,500

1,500

1,500

941

941

941

941

941

National Transportation Safety Board

77

80

82

80

78

Neighborhood Reinvestment Corporation

117

120

120

120

117

Office of Government Ethics

11

11

11

11

11

18,742

19,607

19, 580

19,607

19,594

123

113

113

113

112

Government Payments for Annuitants,

Employees Health Benefits

8,393

8,780

8,780

8,780

8,780

Government Payments for Annuitants,

Employee Life Insurance

36

39

39

39

39

10,072

10,532

10,532

10,532

10,532

Office of Special Counsel

15

16

16

16

16

Selective Service Systemb

25

24

24

24

25

United States Interagency Council on

Homelessness

2

2

2

2

2

United States Postal Service

116

80

109

109

109

United States Tax Court

48

47

47

47

48

$19,936

$20,999

$20,708

$20,984

c

Agency

National Archives and Records

Administration

National Credit Union Administration

Limitation on direct loans

Community Development Revolving Loan

Fund

Office of Personnel Management (total)

Salaries and Expenses

Payment to Civil Service Retirement

and Disability Fund

Total, Independent Agencies

Source: Figures are rounded and come from the President’s budget request for FY2007, H.R. 5576 as passed

the House, Senate Appropriations Committee Report (S.Rept. 109-293), and a Budget Authority table provided

by the House Committee on Appropriations that shows FY2007 funding under P.L. 110-5, Revised Continuing

Appropriations Resolution, 2007, enacted on Feb. 15, 2007.

a.

FY2006 figures reflect an across-the-board rescission of 1.0%.

b.

Selective Service System was included in the House bill; in the Senate, this agency was in the Military

Construction and Veterans Affairs appropriations bill.

c.

No single table available from the House Appropriations Committee shows the enacted FY2007 total for

these agencies; as of January 2007 they were divided among two appropriations subcommittees.

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Federal Election Commission (FEC)

The FEC administers federal campaign finance law, including overseeing disclosure

requirements, limits on contributions and expenditures, and the presidential election public

funding system; the FEC retains civil enforcement authority for the law.

The President’s fiscal 2007 budget proposed an appropriation of $57.1 million for the FEC, a

5.5% increase above the fiscal 2006 appropriation of $54.2 million. Of this amount, at least $4.7

million was proposed to be designated for internal automated data systems and $5,000 for

representational and reception expenses. Both the House Appropriations Committee and the full

House accepted the overall amount proposed by the Administration but raised the $4.7 million

minimum for automated data systems to $6.5 million. The agency was further authorized to

collect registration fees for conferences, with such fees credited to the agency to help defray costs

of such conferences. In addition, the House committee report commended the FEC on the

implementation of its Administrative Fine Program, which allows the agency to assess fines for

reporting violations, but it expressed concern that the program had not yet been authorized

beyond December 31, 2008. The committee urged the FEC to work with the authorizing

committee to achieve permanent authorization of the program prior to the FY2008 appropriations

request. The Senate Appropriations Committee matched the House appropriation of $57.1 million

for FY2007. The Senate Appropriations Committee report did not comment on the Administrative

Fine Program or provide additional instructions to the FEC. Despite the proposed increase in

FY2007 FEC appropriations requested in the President’s budget and supported in the Housepassed and Senate-reported legislation, The FY2007 Revised Continuing Appropriations

Resolution (H.J.Res. 20/(P.L. 110-5) extended the FY2006 FEC funding level for FY2007. FEC

funding therefore remained at $54.5 million ($55 million), as shown in Table 10.

Federal Labor Relations Authority (FLRA)

The FLRA, to the extent feasible, continues to implement the five government-wide goals of the

President’s Management Agenda during FY2007. Under the strategic management of human

capital goal, the FLRA plans to implement cost savings measures to address projected changes in

workload resulting from the implementation of the BRAC (Base Realignment and Closure)

decisions and new personnel systems at the Departments of Defense (DOD) and Homeland

Security (DHS). The FLRA reported that its regional workload declined by 32% between 2001

and 2004, and that this trend may continue because of the DOD and DHS reforms. The agency

also plans to streamline and consolidate the FLRA’s training functions and implement additional

workforce flexibilities through OPM. As enacted, FLRA received $25 million for FY2007, the

same amount (rounded) as in FY2006, and as passed by the House and reported in the Senate for

FY2007.

General Services Administration (GSA)

The General Services Administration administers federal civilian procurement policies pertaining

to the construction and management of federal buildings, disposal of real and personal property,

and management of federal property and records. It is also responsible for managing the funding

and facilities for former Presidents and presidential transitions. Typically only about 1% of GSA’s

total budget is funded by direct appropriations.

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As shown in Table 11, for FY2007, the President requested $52.5 million for government-wide

policy and $83 million for operating expenses; $44 million for the Office of Inspector General; $3

million for allowances and office staff for former Presidents; and $16.9 million to be deposited

into the Federal Citizen Information Center Fund. H.R. 5576, as reported and passed in the

House, mirrored these figures. Likewise, as reported in the Senate, the requested amounts were

recommended.

The FY2007 appropriations for GSA enacted in P.L. 110-5 ultimately authorized $52.3 million for

government-wide policy and $83.2 million for operating expenses; $52.6 million for the Office of

Inspector General; $2.9 million for allowances and office staff for former Presidents; and $14.9

million to be deposited into the Federal Citizen Information Center Fund. In comparison with the

previous House and Senate versions, the enacted FY2007 appropriation provided $8.6 million

more for the Office of Inspector General and $2 million less for the Federal Citizen Information

Center Fund. With respect to GSA total direct appropriations, FY2007 as enacted came to $303

million, representing an increase of $86 million over the total enacted for FY2006.

Federal Buildings Fund (FBF)

Most GSA spending is financed through the Federal Buildings Fund (FBF). Rent assessments

from agencies paid into the FBF provide the principal source of its funding. Congress may also

provide direct funding into the FBF. Congress directs the GSA as to the allocation or limitation on

spending of funds from the FBF in provisions found accompanying GSA’s annual appropriations.

Table 11. General Services Administration Appropriations, FY2006 to FY2007

(in millions of dollars)

FY2007

Senate

Reported

FY2007

Enacted

$7,181

$8,065

$7,555

690

212

708

701

861

866

478

866

618

168

164

164

164

164

Limitation on Obligations:

Rental of Space

4,046

4,323

4,323

4,323

4,068

Limitation on Obligations:

Building Operations

1,885

2,004

2,004

2,004

2,004

243

94

FY2006

Enacted

FY2007

Request

$7,753

$8,047

Limitations on Obligation:

New Construction Projects

792

Limitations on Obligation:

Repairs and Alterations

Limitation on Obligation:

Installment Acquisition Payments

Fund/Office

FY2007

House

Federal Buildings Fund

Total Limitations on Availability of

Revenues

Request for Additional Amount

245

General Activities Accounts

Government-wide Policy

52

53

53

53

52

Operating Expenses

99

83

80

83

83

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Fund/Office

FY2006

Enacted

FY2007

Request

FY2007

House

FY2007

Senate

Reported

FY2007

Enacted

Office of Inspector General

43

44

44

44

53

Allowances and Office Staff for

Former Presidents

3

3

3

3

3

Federal Citizen Information Center

Fund

15

17

17

17

15

3

5

3

5

3

$217

$450

$203

$205

$303

Electronic Gov’t (E-Gov) Fund

GSA direct appropriations total

Source: The President’s budget request for FY2007, the House Committee on Appropriations report (H.Rept.

109-495), the Senate Committee on Appropriations report (S.Rept. 109-293), and a Budget Authority table

provided by the House Committee on Appropriations that shows FY2007 funding under P.L. 110-5, Revised

Continuing Appropriations Resolution, 2007, enacted on Feb. 15, 2007.

For FY2007, the President had requested that an additional amount of $245 million be deposited

in the FBF and that the total limitation for the FBF be set at $8.047 billion. The President’s

budget further requested that $690 million remain available until expended for new construction

projects from the FBF, and $866 million remain available until expended for repairs and

alterations.

As reported and passed in the House, there would have been a total limitation of $7.740 billion

for the FBF, in FY2007, a decrease of $12 million below the FY2006 enacted levels, and a

decrease of $307 million below the President’s request. According to the House approved

language, to carry out the purposes of the FBF, $383.9 million would remain available until

expended for new construction projects, and $866.2 million would remain available until

expended for repairs and alterations.

As reported in the Senate, the Committee on Appropriations recommended a total limitation for

the FBF in FY2007 of $8.065 billion, which constituted $884 million more than allowed by the

House; $708.2 million for new construction, more than $496 million above the House passed

version; and new obligational authority of $866.2 million for repairs and alterations, nearly $388

million more than approved by the House.

As enacted, P.L. 110-5 provided that for FY2007, an additional amount of $93.6 million be

deposited in the FBF and that the total limitation for the FBF be set at $7.555 billion. The

FY2007 enacted legislation further provided that $701.1 million remain available until expended

for new construction projects from the FBF, and $618.2 million remain available until expended

for repairs and alterations.

Electronic Government Fund (E-gov Fund)

Originally unveiled in advance of the President’s proposed budget for FY2002, the E-gov Fund

and its appropriation has been a somewhat contentious matter between the President and

Congress. The President’s initial $20 million request was cut to $5 million, which was the amount

provided for FY2003 as well. Funding thereafter was held at $3 million for FY2004, FY2005, and

FY2006. Created to support interagency e-gov initiatives approved by the Director of OMB, the

fund and the projects it funds have been subject to close scrutiny by, and accountability to,

congressional appropriators. The President requested $5 million for FY2007 and Senate

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appropriators concurred, but the House approved the usual $3 million, as recommended in the

House Appropriations Committee report. The final amount provided for FY2007 was $2.9

million.

Merit Systems Protection Board (MSPB)

The MSPB request in the President’s budget for increased funding for FY2007 was to cover pay

raises, performance management training for staff, and higher space rental rates. Additionally,

$495,000 of the amount requested was to relocate the San Francisco office to a building which is

fully compliant with current earthquake standards. The MSPB continues to adjudicate appeals,

but with faster processing times, under the new personnel systems currently being implemented at

DOD and DHS. The Board also is in the process of hiring the additional staff authorized by

Congress in FY2006 and needed to meet the increased demands of DOD and DHS. The FY2007

appropriations enacted for the MSPB was $39 million (rounded), $1 million more than for

FY2006.

National Archives and Records Administration (NARA)

The custodian of the historically valuable records of the federal government since its

establishment in 1934, NARA also prescribes policy and provides both guidance and

management assistance concerning the entire life cycle of federal records. It also administers the

presidential libraries system; publishes the laws, regulations, and presidential and other

documents; assists the Information Security Oversight Office (ISOO), which manages federal

security classification and declassification policy; and assists the National Historical Publications

and Records Commission (NHPRC), which makes grants nationwide to help nonprofit

organizations identify, preserve, and provide access to materials that document American history.

For FY2007, the President had requested $338 million for NARA, a modest increase over the

$326 million appropriated for the agency for FY2006. Of this requested amount, the following

distributions were specified: $289.6 million for operating expenses, a slight increase over the

$280 million appropriated for FY2006; $45 million for the electronic records archive; $13 million

for repairs and restoration; and no requested funds for the NHPRC, which had received $7 million

in FY2006.

The House approved the $345.5 million recommended by the appropriators for NARA, which is

approximately $7.5 million more than the amount requested for the agency in the President’s

budget. Of this amount, distributions were as follows: $289.6 million for operating expenses, $45

million for the electronic records archive, and $13 million for repairs and restoration. For the

NHPRC account, $7.5 million was recommended—$2 million for operations and the remainder

for grants. A $10 million debt adjustment in committee reduced the $355.5 million allocation to

$345.5 million.

The Senate approved $328 million for NARA, distributed as follows: $280.9 million for

operating expenses; $38.9 million for the electronic records archive, with $3 million of these

funds designated for work with the National Oceanographic Office at the National Center for

Critical Information Processing and Storage at the Stennis Space Center in Mississippi; and a

little over $11.6 million for repairs and restoration, with $5.5 million of this amount provided for

projects at a new regional archives and records center in Alaska and at the Kennedy and Johnson

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presidential libraries. For the NHPRC account, $5 million was allocated. An almost $8.5 million

debt adjustment was also accepted.

The final amount approved for NARA, with $10 million for debt reduction, was $331 million,

allocated in the following distributions: $279 million for operating expenses, $45 million for the

electronic records archive, $9 million for repairs and restoration, and almost $7.5 million for the

NHPRC grants program.

Office of Personnel Management (OPM)

Funding for the following projects was included in OPM’s FY2007 request for salaries and

expenses: Enterprise Human Resources Integration ($6.9 million) and Human Resources Line of

Business ($1.4 million). A priority of the agency during 2007 is the implementation of reforms to

the position classification, pay, and performance management systems included in the Working

For America Act draft legislative proposal submitted to Congress in July 2005 (not yet

introduced). OPM also is giving priority to the issues of recruitment, the hiring process, training,

career and professional development, dental and vision benefits, and health benefits options. The

agency’s Inspector General continues to develop a prescription drug audit program, which

includes pharmacy benefit managers, to assist in recovering inappropriate expenses charged in

previous years and negotiating more favorable contracts.

The House bill as passed provided the same appropriation for OPM salaries and expenses as

requested by the President (albeit down $10 million from FY2006), but the allocation of the

funding was changed. An increase in funds was denied for pay and performance modernization,

and instead, the Management Services Division account was increased. The bill did not fund an

increase for the retirement systems modernization project and therefore reduces the amount

authorized to be transferred from trust funds. The committee report accompanying the bill

directed the Government Accountability Office (GAO) to continue to monitor implementation of

the retirement modernization program and update the House and Senate Committees on

Appropriations by March 1, 2007, “as to OPM’s progress in converting the agency’s paper

personnel file system into a secure digital system.” It included several directives for OPM:

•

to continue implementing and refining the new human resources management

systems at the Departments of Homeland Security and Defense before expanding

such systems to other departments and agencies.

•

to submit to the House and Senate Committees on Appropriations an operating

plan for FY2007 signed by the OPM Director. The plan must be submitted within

60 days of the act’s enactment. It must include “funding levels including an

identification of carryover funds for the various offices, centers, programs, and

initiatives covered in the budget justification and supporting documents

referenced in the House and Senate appropriations reports and the statement of

the managers.”

•

to include changes—dollars requested broken out between trust fund and general

funds for specific programs or activities within organizations, a total that includes

reimbursements, and a breakout of direct appropriation and reimbursement—in

future budget justifications.

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•

to continue efforts to include “clear, detailed, and concise information on how the

programs will be funded and how they will be measured” in the budget

justification.

H.R. 5576, as reported by the Senate Committee on Appropriations, would have provided the

same appropriation for OPM salaries and expenses and for Office of Inspector General salaries

and expenses that the FY2007 budget requested and the House passed. As requested by the

President, up to $8.3 million dollars of the funding could be used for e-Government projects. The

Senate committee report also included several directives for OPM:

•

to report to the committee within 120 days of the act’s enactment on its human

resources products and services and actions taken to respond to the committee’s

concerns that OPM is not allowing federal agencies “the flexibility to contract as

they see fit, including contracting with private companies to provide online

employment applications and processing services, as well as choice in selecting

service providers and human resource systems.”

•

to report on progress in implementing any recommendations in the forthcoming

OPM and GSA survey and report on the child care needs of executive,

legislative, and judicial branch employees within six months after the report is

issued, and to include in the report any further measures that may be taken. OPM

is also directed “to continue its efforts to provide information and education to

agencies and employees on promotion of the subsidy for child care expenses for

lower income employees.”38

•

to continue to give GAO’s recommendations on modernization of the retirement

system—especially related to progress, costs, and risks—careful consideration

and to closely consult with GAO in the future.

The FY2007 total appropriations for OPM as enacted was $19.594 billion, more than the Housepassed version but less than the figure in the President’s request and the Senate-reported versions.

Office of Special Counsel (OSC)

The funding recommended by the Senate Committee on Appropriations ($16 million) was

$63,000 more than the amount requested in the FY2007 budget or in the House-passed bill

($15.937 million). The committee’s report directed the OSC to:

•

Submit its FY2008 budget justification on the first Monday in February and to

“include highly detailed data and explanatory statements to support the

appropriations requests, including tables that detail OSC’s programs, activities

and staffing levels for fiscal years 2007 and 2008.” The agency was directed to

coordinate with the committee “well in advance on its planned budget

submission.”

•

Submit to Congress, with the FY2008 budget request, “a comprehensive strategy

addressing capital needs and case processing in order to prevent any future

38

In addition to the $36.3 billion in funding for federal-aid highways and exempt contract authority provided in

FY2006, the DOT also received $3.5 billion in emergency relief funding to respond to the effects of the Gulf Coast

hurricanes.

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backlog of cases.”39 The agency was also directed to provide quarterly staffing

reports from the Special Counsel to Congress.

•

Communicate with the committee 45 days prior to any organizational change that

would cause the agency’s staffing to vary above or below these levels: 70 to 75

FTEs (headquarters), 6 to 8 FTEs (Detroit), 9 to 11 FTEs (Dallas), 8 to 10 FTEs

(San Francisco Bay area), and 9 to 12 FTEs (District of Columbia field office).

The OSC’s total number of FTEs should not be less than 102 or greater than 116.

Postal Service40

The U.S. Postal Service (USPS) is self-supporting; it generates nearly all of its funding—over

$70 billion annually—by charging users of the mail for the costs of the services it provides.

Congress does provide a regular appropriation, however, to compensate USPS for revenue it

forgoes in providing, at congressional direction, free mailing privileges for the blind and for

overseas voting. Congress has also provided some funds in recent years for bio-terrorism

detection in the wake of the anthrax events of 2001.

Under the Revenue Forgone Reform Act of 1993, Congress is authorized to reimburse USPS $29

million each year until 2035, for services provided below cost to non-profit organizations at

congressional direction in the 1990s, but not paid for at the time. For the past 13 years, the Postal

Service appropriation has consisted of that amount, plus an estimate of the amount needed to pay

for mail for the blind and overseas voters for the current year.

In its FY2007 Budget, the Administration proposed an appropriation of $79.9 million, including

$60.7 million for revenue forgone in FY2007 and a reconciliation adjustment for underestimated

mail volume in FY2004 of $19.2 million. The Postal Service, which submits its own request as an

independent entity, estimated that the FY2007 amount needed for the blind and overseas voting

would be $80.1 million, or $19.4 million more than OMB requested, and asked Congress to

appropriate that amount. Both proposals would have supplemented the FY2007 amount with a

$19.2 million reconciliation adjustment reflecting that actual use of the subsidy in FY2004 was

underestimated by that amount. The Postal Service’s request also included a reconciliation

adjustment of $24.4 million reflecting the amount by which actual expenditures for FY2005

exceeded the amount appropriated that year. Thus the Postal Service’s request for FY2007 was

$152.7 million: including $80.1 million for FY2007 revenue forgone, $43.6 million as a

reconciliation adjustment for two years, and $29 million as the annual payment under the

Revenue Forgone Reform Act of 1993.

The Administration’s FY2007 budget not only estimated a lower usage figure for mail for the

blind than did the Postal Service, it also proposed to eliminate the usual $29 million annual

payment for revenue forgone in past years that is set forth in the Revenue Forgone Reform Act. It

also proposed termination of the payment in FY2005 and FY2006, but Congress chose to provide

the funding. USPS has argued that cancelling the payment could result in the whole 28-year

obligation, totaling $841 million, being written off as a bad debt and charged to current postal

ratepayers. The Administration’s budget also proposed that the $79.9 million it requested would

39

$39.1 billion in obligation limitations and $739 million in exempt obligations. A $2.2 billion rescission of contract

authority brings the net total after score-keeping adjustments down to $37.7 billion.

40

Office of Management and Budget, Budget for Fiscal Year 2007, pp. 216-224.

Congressional Research Service

46

TTHUD: FY2007 Appropriations

not be available for obligation until October 1, 2007, which is in FY2008, following a practice for

the postal appropriation established several years ago.

The House bill, as reported by committee and passed by the House, adopted the Administration’s

recommendation by providing $79.9 million for the current year’s revenue forgone, as an advance

appropriation, but departed from it in once again by approving the annual $29 million for revenue

forgone in the past. The committee report (H.Rept. 109-495) commented that the method OMB

used to estimate revenue forgone expenditures, which is to take an average of past expenses, was

“inaccurate” compared to the Postal Service’s estimate, which is based on current audits of mail

volume. The Senate Committee mirrored the action of the House, providing $108.9 million for

the Postal Service Fund. Its report (S.Rept. 109-293) also “directed” the Postal Service not to

implement mail processing center consolidations in Iowa, South Dakota, and Washington until

GAO has issued a report on decision-making criteria used in such consolidations.

Ultimately, the FY2007 Revised Continuing Appropriations Resolution provided USPS $108.9 in

FY2007 appropriations, with $79.9 million in advanced appropriations for the current year’s

revenue forgone, and $29 million for revenue forgone in the past.

Titles VIII (Senate) and IX (House): General

Provisions Government-Wide

The Transportation,

This text is long and has been trimmed here. Open the source document for the complete record.

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